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(영문) 부산지방법원 2016.05.20 2015나46574

구상금

Text

1. The defendants' appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 7, 2006, the amount of loan extended on the date of the credit guarantee agreement to guarantee principal (original guarantee) of the guaranteed principal (original guarantee) by the credit guarantee number loan term (original guarantee), which was concluded on August 7, 2006, E (first guarantee) 5,200,000 on August 6, 2013, F (Second guarantee) 31,450,000 on February 3, 2009, F (Second Guarantee) 31,450,000 on August 7, 2006, and the Plaintiff received a loan from Daegu Bank as provided in the following table (hereinafter “each credit guarantee agreement”) and obtained a loan from Daegu Bank as collateral: < Amended by Act No. 12143, Feb. 37, 2009; Act No. 12000, Feb. 37, 2009; Act No. 1787, Aug. 6, 2013>

A, the husband of the case, B, under each credit guarantee agreement of this case, has jointly and severally guaranteed all the obligations of A against the plaintiff.

B. On May 9, 2013, the Plaintiff’s subrogation delayed payment of interest on each of the loans of the Daegu Bank. On August 30, 2013, upon each of the instant credit guarantee agreements, the Plaintiff repaid to the Daegu Bank the remainder of KRW 55,20,00,00 in total and KRW 56,626,065 in total and interest KRW 1,426,65 in total and interest KRW 1,426,65 in relation to the primary guarantee, and the secondary guarantee amount of KRW 6,290,00 in total and interest KRW 171,818 in total and KRW 6,461,818 in total.

Meanwhile, the penalty determined by the Plaintiff is KRW 958,680, and the legal procedure cost incurred by the Plaintiff in order to preserve the claim for reimbursement against the Defendants is KRW 438,352.

C. On May 3, 2013, B entered into a sales contract between B and Defendant C and provisional registration of Defendant D (hereinafter “instant sales contract”) with Defendant C, a high-speed line for real estate Nos. 1, 2, and 3 under his/her name (hereinafter “instant sales contract”).

B. On May 6, 2013, Defendant C concluded the registration of ownership transfer with the Daegu District Court Kimcheon Branch No. 10590.

Defendant C shall offset the loans of KRW 25 million against the above loans of KRW 25 million against the above sales price claims, and shall borrow KRW 15 million on June 17, 2013 from Defendant D, who is his/her punishment, and pay it to B on the same day.