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(영문) 부산지방법원 2019.08.21 2018나58233

구상금

Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph 2.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff and the co-defendant A (hereinafter “A”) of the first instance court (hereinafter “A”) entered into a credit guarantee agreement as set out below, including credit guarantee agreements, credit guarantee accidents, subrogation, etc.

(hereinafter referred to as the “instant credit guarantee agreement”). On January 22, 2016, the term of guarantee for the original loan institution (the guaranteed amount) as of the date of guarantee, D Bank No. 20,000,000 D Bank on December 20, 2020, the guaranteed amount for the original loan (the original loan) on the date of loan (the original loan) on January 22, 2016, A received a loan from D Bank as security the credit guarantee form issued under the said credit guarantee agreement [Attachment] set forth below.

(3) On June 21, 2017, a credit guarantee accident occurred after delinquency in paying interest on a loan by A.

Accordingly, on November 2, 2017, the Plaintiff subrogated for KRW 20,286,082 [the principal = 20,000,000 (the principal)] to the D Bank.

(4) At the time of entering into a credit guarantee agreement, the Plaintiff and A paid damages for delay at the rate of 12% per annum for the amount of subrogated payment, and the Plaintiff recovered KRW 395,390 from A.

Accordingly, the balance of the amount of subrogation and the amount of final delay under the above collection amount are as follows, and the amount that A has to pay to the Plaintiff is 19,890,821 won (=19,890,692 won) and damages for delay. The sum of principal and interest up to July 12, 2018 is 22,156,91 won.

20,286,082 395,390 won 19,890,692 129,000 won for final delay in the balance of the amount to be recovered.

B. Transfer (1) A of each real estate listed in the separate sheet (hereinafter “instant real estate”) purchased each real estate listed in the separate sheet from M on January 15, 2015 and completed the registration of ownership transfer.

(2) On April 16, 2017, the Defendant entered into a sales contract with A for the instant real estate (hereinafter “instant sales contract”) and completed the registration of ownership transfer on the 25th of the same month.

(3) The Defendant’s objection on June 24, 2017.