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(영문) 서울중앙지방법원 2018.11.20 2018나16637

소유권이전등기

Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

A. Defendant A shall be KRW 24,83,818 and KRW 17,493,368 among them.

Reasons

1. Claim against the defendant A;

A. 1) On October 24, 2001, the Plaintiff entered into a credit guarantee agreement with Defendant D, which operates a mutual company called “K,” and on the same day, Defendant A jointly and severally guaranteed Defendant D’s liability for indemnity against the Plaintiff. 2) Under the said credit guarantee agreement, the Plaintiff issued a credit guarantee agreement on October 24, 2001 with the guaranteed principal amount of KRW 25,500,000, and the term of the guarantee was October 20, 2005, and Defendant D obtained a loan from the F Bank using the said credit guarantee agreement.

3) The FF Bank notified the Plaintiff of the occurrence of a surety event on May 20, 203 when the Defendant D delayed the repayment of the above loan. The Plaintiff subrogated the FF Bank to pay for KRW 24,965,764 ( principal KRW 23,877,350,08,414) on October 29, 2003. The Plaintiff collected KRW 7,472,396 out of the above subrogated payment several times, and still unpaid amount of KRW 17,493,368 (=24,965,764 - KRW 7,472,3966), and the rate of subrogated payment for up to 15% from the date following the date of the above credit guarantee agreement remains 17,493,368,000 annually.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3 (including tentative number), the purport of whole pleading

B. 1) According to the above facts of determination as to the cause of claim, Defendant A as a joint and several surety for Defendant D, the amount of KRW 24,833,818 (i.e., unrepaid amount of KRW 17,493,368 (i.e., unrepaid amount of KRW 17,493,368) to the date of recovery.340.