beta
(영문) 대구지방법원 2017.11.02 2017나305476

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. 1) On April 17, 2009, the Plaintiff entered into a guarantee agreement with Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”).

(A) in obtaining a loan from A, enter into a credit guarantee agreement with A (hereinafter “instant credit guarantee agreement”).

() As follows, a credit guarantee certificate was issued to the Daegu Bank. D. Guarantee number: D amount guaranteed: 190,000,000 won (2.0,000 won thereafter): the term of guarantee: April 16, 2010 (20,000,000) was changed to April 8, 2016); upon the Plaintiff’s performance of the guaranteed obligation, A paid all expenses, such as the amount subrogated by the Plaintiff, damages for delay, penalty, and legal procedure expenses paid by the Plaintiff on behalf of the Plaintiff. Meanwhile, the rate of damages for the subrogated amount determined by the Plaintiff was 12% per annum from December 1, 2012 to January 31, 2016 to 10, 2016 to 10,000 won, and 10,000,000 won per annum from February 1, 2016 to 15, 2015, the Plaintiff lost its credit guarantee interest under the instant credit guarantee agreement to 216.

3) Meanwhile, on December 23, 2015, the Plaintiff recovered KRW 797,360 from A to appropriate it to the principal. The Plaintiff’s claim amount for reimbursement against A is the total of KRW 172,068,244 [The remainder of the payment by subrogation 171,698,721 won (=the remainder of the payment by subrogation 172,496,081- the collection amount by subrogation 797,360 won)] (hereinafter “claim for reimbursement of this case”).

B. B. 1) Real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by A’s wife E, a company director, and E completed the registration of ownership transfer as of February 23, 2015, under the Daegu District Court’s registration No. 37657, which was received on February 23, 2015, with respect to the instant real estate as the grounds for registration.

2) A’s purchase and sale of the instant real estate to the Defendant, who is the mother of B, on June 1, 2015 (hereinafter “the instant real estate”).