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(영문) 서울중앙지방법원 2014.09.22 2014가단5066805

구상금

Text

1. As to KRW 24,039,772 and KRW 23,776,467 among the Plaintiff, Defendant A’s year from February 24, 2014 to April 8, 2014.

Reasons

1.The following facts of recognition do not conflict between the Parties:

On May 31, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A with the term of 22,950,000 won of the guaranteed principal, and the term of guarantee from May 31, 2013 to May 30, 2014, and issued a written credit guarantee agreement. The said credit guarantee agreement states that Defendant A shall pay the Plaintiff the guaranteed obligation performance amount and damages for delay (12% per annum), and all other expenses incurred by the Plaintiff. 2) Defendant A submitted the said credit guarantee agreement to the Korea Tti Bank on the same day, and received loans of 27,00,000,000 won.

3) After September 1, 2013, Defendant A had a guarantee accident where payment of interest was delayed due to the payment of interest to the Korea Sti Bank. Upon the request of the said bank, the Plaintiff subrogated for KRW 23,776,467 on February 24, 2014. Furthermore, the Plaintiff paid expenses for the preservation of the claim for reimbursement of reimbursement of this case. The remainder of expenses as of the closing date of pleadings is KRW 263,305. (B) Meanwhile, Defendant A and the company, who had been engaged in goods transaction since around 2009, supplied the 130,29,000 won to Defendant A, supplied the crypt amounting to KRW 23,391,190 to Defendant A, and the Plaintiff applied for a provisional attachment payment order against Defendant A on May 31, 2011 to Defendant A for the payment of the remainder of the goods from Defendant A until January 23, 2013.

2) On June 12, 2013, Defendant A requested a postponement of compulsory execution against the Defendant Company. On June 12, 2013, Defendant A concluded a mortgage agreement with the Defendant Company regarding the instant apartment, and completed the registration of creation of a mortgage in line with the purport of the claim, which is the maximum debt amount of KRW 33,500,000.