beta
(영문) 수원지방법원 2019.06.14 2019가단503777

전부금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for indemnity against A Co., Ltd. (hereinafter “A”) concluded a credit guarantee agreement with A on June 13, 2016, under which the Plaintiff would provide credit guarantee for the loans to A Industrial Bank of Korea. 2) After the due date, A was granted a loan of KRW 88,00,000 from the Industrial Bank of Korea as of June 12, 2017. On October 6, 2016, A lost the benefit of the said loan due date due to a credit guarantee accident involving delinquency in paying interest on the said loan.

3) On November 16, 2016, the Plaintiff repaid A’s above loans, interest, or delay damages to the Industrial Bank of Korea. Thereafter, the Plaintiff filed an application with the Daegu District Court for an order to pay reimbursement against A, etc. under the Daegu District Court Decision 2017 tea3924, and received a decision to accept it from the above court on March 17, 2017, and the said payment order was finalized on June 22, 2017. (b) The real estate listed in the attached list A (hereinafter “instant real estate”).

(1) On July 5, 2016, A concluded a mortgage agreement with B as to the instant real estate (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 600,000,000, and with the effect that the registration of the establishment of a mortgage in the vicinity of a debtor A and a mortgagee B as to the instant real estate (hereinafter “mortgage agreement”). On July 6, 2016, A, based on the instant mortgage agreement, completed on July 6, 2016 the registration of the establishment of a mortgage over KRW 600,000,000 for the instant real estate (hereinafter “the registration of the establishment of a mortgage”).

2) From September 20, 2016 to September 20, 2016, A is an accord and satisfaction contract under which the obligation to B with the instant real estate is to be paid in kind (hereinafter “instant accord and satisfaction contract”).

(B) On September 21, 2016, based on the instant accord and satisfaction contract, the ownership transfer registration of the instant real estate (hereinafter “instant ownership transfer registration”) is to be made.

....