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(영문) 춘천지방법원 2013.11.12 2013가단2439

구상금 등

Text

1. As to KRW 10,711,881 and KRW 10,403,869 among them, Defendant A’s year from February 20, 2013 to September 3, 2013.

Reasons

1. Basic facts

A. On February 4, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the term of “10,200,000 won of the credit guarantee principal” and “the term of guarantee” as of February 20, 2017 (hereinafter “instant credit guarantee agreement”).

(2) Upon entering into the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff with the payment of the subrogated amount and damages for delay calculated by the Plaintiff from the date of performance of the obligation to guarantee (as from January 1, 2012 to 12% per annum under Article 28 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of the obligation to guarantee, expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the obligation to guarantee, guarantee fees, etc.

B. In the event of a loan implementation and a credit guarantee accident, Defendant A submitted a credit guarantee letter issued pursuant to the credit guarantee agreement of this case to the Seocho Central Saemaul Bank on February 24, 2012 (hereinafter “Sule Saemaul Bank”) and borrowed KRW 12,00,000, but a credit guarantee accident caused by a natural body on October 27, 2012.

C. On January 10, 2013, the Plaintiff paid KRW 10,507,829 ( principal KRW 10,200,000) to community credit cooperatives, and collected KRW 103,960 on the same day, and paid KRW 167,740 on the same day. The Plaintiff paid KRW 140,272 for delay damages from the date of subrogation until February 19, 2013.

On October 19, 2012, Defendant A’s dispositive act concluded a mortgage agreement with Defendant B regarding the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”). On the same day, Defendant B concluded a mortgage agreement with the maximum debt amount of KRW 40,000,000 (hereinafter “instant mortgage agreement”). On the same day, Defendant B completed the registration of establishment of a mortgage under the No. 16161 on the receipt of machinery, such as the early support, etc. located in Chuncheon District Court.

E. Defendant A’s own means at the time of establishing the instant mortgage.