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(영문) 부산지방법원 2016.06.03 2015나43223

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. (1) The Plaintiff’s claim against B 1) The Plaintiff is a stock company A (hereinafter “A”) on September 7, 2011.

B) As regards A’s receiving a general loan from the Busan Bank, a credit guarantee agreement between A and B (hereinafter “the instant credit guarantee agreement”) is set up on September 6, 2012 as the guaranteed amount of KRW 30,80,000,000 and the guaranteed term.

(2) On April 25, 2014, upon the occurrence of a guarantee accident due to national tax in arrears, etc. (hereinafter “instant guarantee accident”), the Plaintiff subrogated to the Busan Bank on December 8, 2014 pursuant to the instant credit guarantee contract for KRW 31,166,257 (i.e., principal amount of KRW 30,80,000) (i.e., KRW 366,257), and the attempted penalty amounting to KRW 133,410 and substitute payment amount to KRW 660,686,686 (hereinafter “instant claim, etc.”).

3) On the other hand, on January 13, 2016, the Plaintiff received dividends of KRW 9,814,023 from the Busan District Court Decision 2014Hadan1626, the Plaintiff appropriated the instant claim for reimbursement of the amount of reimbursement, etc., but still 22,814,360 won after the appropriation of the claim for reimbursement remains. As of May 25, 2016, the instant claim for reimbursement was concluded between B and the Defendant in total KRW 27,920,658. (B) On the other hand, as to the instant real estate owned by B and the Defendant on May 1, 2014, the Defendant, “B, the mortgagee, the maximum debt amount, KRW 4,00,00” (hereinafter “instant contract”). On the other hand, on May 1, 2014, the Plaintiff concluded a mortgage agreement with the obligor, the Defendant, and the same month.

2. The registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) was completed by Busan District Court No. 43437.

The defendant on August 29, 2008 shall be C.