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(영문) 부산지방법원 2015.02.03 2014가단215501

구상금등

Text

1. As to KRW 34,459,874 and KRW 34,29,754 among the Plaintiff, Defendant A shall be annually from May 8, 2014 to May 21, 2014.

Reasons

1. Basic facts

A. On May 14, 2009 and September 8, 2009, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A, which provides a credit guarantee agreement between the guaranteed amount of KRW 20 million and KRW 30 million and the guaranteed term of KRW 40 million on May 4, 2010 and September 8, 2010 (hereinafter “the instant credit guarantee agreement”), and issued a credit guarantee agreement. Defendant A received a loan from 1 Dong community credit cooperatives and Busan bank as collateral.

B. However, on March 7, 2014, Defendant A lost the benefit of time by filing an application for commencement of individual rehabilitation with the Busan District Court Decision 2014Da10237, and Defendant A failed to pay the principal and interest of interest of the loan, and the Plaintiff subrogated for KRW 34,29,754 on May 8, 2014 to the 1st, Dongdong Community Credit Cooperatives and Busan Bank.

C. The Plaintiff spent KRW 229,700 as the legal procedure cost to preserve the claim for advance reimbursement against Defendant A, and recovered KRW 69,580 on May 8, 2014.

On December 2, 2013, Defendant A entered into a sales contract (hereinafter “instant sales contract”) with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property, which is the only property with Defendant B, and on January 15, 2014, Defendant B completed the registration of transfer of ownership for the instant real estate based on the instant sales contract as Busan District Court’s Branch Branch Branch Branch Branch Office, 2773.

E. At the time of the instant sales contract, Defendant A was in excess of his liability.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. According to the facts of the determination as to the claim against Defendant A, the defendant A paid a total of KRW 34,459,874 to the plaintiff ( = KRW 34,299,754 in subrogation) and KRW 229,70 in legal procedure costs in subrogation, KRW 69,580 in unpaid guarantee fees, and KRW 34,29,754 in its out.