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(영문) 서울중앙지방법원 2018.04.27 2017나57150

구상금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The credit guarantee agreement of this case and the loan of this case 1) Co-Defendant A of the first instance trial (hereinafter “A”).

(A) On August 1, 2014, the term “the instant credit guarantee agreement” (hereinafter referred to as “the instant credit guarantee agreement”) between the Plaintiff and the Plaintiff on August 1, 2014, refers to the amount of security deposit of KRW 90 million and the term of guarantee of KRW 10 million.

(B) The loan of the National Housing Fund of KRW 100,00,000,00,000,000,000,000,000,000,000,00

(2) On July 14, 2015, A caused a credit guarantee accident that would lose the benefit of the time limit for the instant loan, and one bank claimed to the Plaintiff for the performance of the guaranteed obligation based on the instant credit guarantee.

On September 25, 2015, the Plaintiff paid KRW 64,526,554 in total, including the principal and interest of the instant loan, to Han Bank. On September 25, 2015, the Plaintiff recovered KRW 163,990 from A, and appropriated it for the payment by subrogation.

3) The late September 26, 2015, the rate of delayed damage to the indemnity payable to A pursuant to the instant credit guarantee agreement is 8% per annum from September 26, 2015 to the date. (b) The joint Defendant B (hereinafter “B”) of the first instance trial, and the joint Defendant C of the first instance trial (hereinafter “C”) in collusion with the Defendant, who entered into a false lease agreement with the Defendant, would obtain the loan from the financial institution by obtaining the loan from the financial institution by borrowing the loan from the financial institution, and A would be the best to lease the E-si building 201, Dong 405 (hereinafter “instant apartment”).

2) On July 14, 2014, the Defendant moved the Defendant to the F real estate brokerage office located in Ischeon-si, and the Defendant entrusted his seal and identification card to the real estate broker, and the apartment that “A shall lease the instant apartment with the lease deposit amounting to KRW 140 million and the lease period from August 1, 2014 to August 1, 2016.”