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(영문) 서울중앙지방법원 2016.06.15 2015가단5097325

구상금 등 청구의 소

Text

1. Defendant A shall pay to the Plaintiff KRW 50,675,123 as well as 15% per annum from February 25, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement and subrogation 1) On June 28, 2013, the Plaintiff determined a credit guarantee agreement between Defendant A and Defendant A on a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with a credit guarantee agreement setting the credit guarantee limit of KRW 50,00,000, and June 28, 2018, to pay the principal and interest of loan that Defendant A owes according to the loan obtained from the Industrial Bank of Korea.

(2) Defendant A borrowed KRW 50,00,000 from the Industrial Bank of Korea as collateral, and Defendant A did not pay the principal debt to the Industrial Bank of Korea (including loss of the benefit of time) and if the Plaintiff performed the guaranteed obligation due to Defendant A’s failure to pay the principal debt to the Industrial Bank of Korea (including loss of the benefit of time) at that time, Defendant A agreed to pay the Plaintiff the additional guarantee fee from the day following the date of the payment of the guarantee fee for the amount of the terminated credit guarantee to the day of the expiration of the guaranteed obligation, and ③ the legal procedure expenses incurred by the Plaintiff to exercise or preserve the right by performing the guaranteed obligation.

3) However, around March 29, 2014, Defendant A lost the benefit of this natural body. Accordingly, the Plaintiff subrogated for KRW 51,203,902 to the Industrial Bank of Korea on February 25, 2015, and collected KRW 528,780 from Defendant A on the same day. The agreed delay interest rate determined by the Plaintiff is 15% per annum. (B) Defendant A and Defendant B, on February 28, 2014, concluded a sales contract (hereinafter “instant sales contract”) between Defendant B and Defendant B, which sells real estate listed in the attached list (hereinafter “instant real estate”), the only real estate owned by Defendant B, and the sales contract was concluded with the Incheon District Court for Defendant B as the receipt of KRW 21428 on March 5, 2014.