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(영문) 창원지방법원 2016.03.18 2015가단75394

구상금

Text

1. As to KRW 12,351,228 and KRW 2,333,037 among the Plaintiff, Defendant A shall be subject to 12,351,228 and KRW 10,018,144 from July 24, 2014.

Reasons

1. Facts of recognition;

A. A. The Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant A, who operated a restaurant of “D” located in Jinju-si, respectively, between ① the guaranteed amount of KRW 10,000,000 on February 10, 2010, and the guarantee period of KRW 10,000 from February 10, 2010 to February 29, 2015 (hereinafter “Guarantee 1”); ② the guarantee period of KRW 10,00,000, and the guarantee period of KRW 10,000,000 from March 22, 2013 to March 22, 2018 (hereinafter “Guarantee 2”).

Defendant A received money from Gyeongnam Bank under the Plaintiff’s guarantee in accordance with each of the above credit guarantee agreements.

B. On May 9, 2014 and June 23, 2014, Defendant A, including the Plaintiff’s subrogation, caused a credit guarantee accident with each principal and interest in arrears. The Plaintiff, based on the first guarantee on July 24, 2014, paid 2,33,037 won, and 10,161,370 won, based on the second guarantee on September 30, 2014, on behalf of the Gyeongnam Bank.

On September 30, 2014, the Plaintiff recovered KRW 143,226 of the Guarantee Claim No. 2, and the Plaintiff incurred KRW 47 of the confirmed damages.

The rate of damages for delay applicable to each credit guarantee agreement of this case is 12% per annum.

C. On March 5, 2014, Defendant A entered into a mortgage agreement with Defendant B regarding the real estate indicated in the separate list owned by himself/herself (hereinafter “mortgage agreement”). On the same day, Defendant A concluded a mortgage agreement with the mortgagee B, the maximum debt amount of KRW 30,00,000 with respect to the real estate indicated in the separate list owned by himself/herself (hereinafter “mortgage agreement”). On the same day, Defendant A completed the registration of the establishment of a mortgage prior to the Changwon District Court’s receipt of Defendant 5, March 5, 2014

Defendant B is the father of Defendant A.

Defendant A did not have any property other than the instant real estate at the time of establishing the instant mortgage.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 7 (including numbers; hereinafter the same shall apply), fact-finding on Gyeongnam-do, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against the defendant A, the defendant A shall be the plaintiff.