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(영문) 인천지방법원 2017.04.18 2016가단233438

구상금

Text

1. As to KRW 55,616,411 and KRW 49,066,151 among the Plaintiff, Defendant A shall be from July 26, 2016 to August 10, 2016.

Reasons

1. Facts of recognition;

A. On July 29, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”) with a loan for small and medium enterprises in the subject of loan, the principal of the credit guarantee, KRW 50,000,000, and the term of guarantee as of July 27, 2019.

B. On July 29, 2014, Defendant A obtained a loan of KRW 50,00,000 from the Industrial Bank of Korea (hereinafter “the Bank”) as a security for a credit guarantee agreement under the instant credit guarantee agreement.

C.1) On April 30, 2015, Defendant A lost the benefit of time due to a natural body. On June 16, 2015, the Plaintiff subrogated for KRW 50,515,231 (interest of KRW 50,000,000) to the Industrial Bank of Korea on June 16, 2015, the Plaintiff paid for KRW 515,231 (interest of KRW 515,231). After recovering KRW 1,449,080, the remainder of the amount of subrogation by subrogation remains 49,066,151 (per KRW 50,515,231 - 1,449,080) (the date of subrogation by the Plaintiff). 2) The overdue interest from June 16, 2015 to July 25, 2016 is the interest rate of KRW 6,50,260 and annual damages for delay after July 26, 2016>

On January 5, 2015, Defendant A entered into a donation agreement with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) which is the only real estate with Defendant B, and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on the same day to Defendant B on January 5, 2015 from the registration date of the Incheon District Court.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 2, the purport of the whole pleadings and arguments

2. According to the facts of the determination as to the claim for indemnity, the defendant A calculated at the rate of 12% per annum from July 26, 2016 to August 10, 2016, the agreed rate of 15% per annum from July 26, 2016 to August 10, 2016, and 15% per annum from the following day to the date of full payment.