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(영문) 서울중앙지방법원 2016.08.17 2015가단5288275

구상금 등

Text

1. Defendant A’s KRW 12,335,667 as well as KRW 15% per annum from March 9, 2015 to April 28, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against Defendant A 1) on December 21, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A, setting the credit guarantee limit of KRW 15 million with respect to monetary obligations to be loaned from the Gangnam Saemaeul Fund, as of December 21, 2017. The Plaintiff issued a credit guarantee agreement with the Gangnam Saemaeul Fund on the same day. The Plaintiff issued the credit guarantee agreement with the same content. (2) The Defendant A borrowed KRW 15 million with the maturity of repayment from the Gangnam Saemaeul Community Fund up to December 21, 2017.

3) As Defendant A lost the benefit of time due to delayed payment of principal around September 23, 2014, the Plaintiff repaid 12,344,717 won of the principal and interest of the loan to the Gangnam Saemaul Bank on March 9, 2015. As of the date of closing of argument, the amount of subrogation as of the date of closing of argument is 12,335,67 won, the rate of delay damages is 15% per annum until April 28, 2015, and the next 12% per annum from the next day. (b) As to the real estate listed in the attached Form (hereinafter “instant real estate”). Defendant A’s property 1) as to the real estate (hereinafter “instant real estate”). Defendant A’s co-ownership share with Defendant A, together with Defendant A, with Defendant C, and the Seoul Northern Northern District Court’s Do Registry, received on November 6, 2013, and completed the registration of ownership transfer as of November 6, 2013.

2) As to the instant real estate, Defendant A and C completed the registration of creation of a mortgage on November 6, 2013 with the debtor C, the maximum debt amount of KRW 59,400,000,000,000,000,000 to the Bank of Korea, Seoul Northern District Court, Seoul Northern District Court, as the receipt of No. 74520 on November 6, 2013.

The real estate in this case is the market price of 105,00,000 won around March 2014.

C. As to the real estate indicated in the attachment registration for the establishment of a neighboring mortgage by Defendant B, Defendant B completed the registration of the establishment of a neighboring mortgage on June 11, 2014, based on the maximum debt amount of KRW 18,000,000,000 as the Seoul Northern District Court’s receipt of June 11, 2014, and the debtor, Defendant A, and C.

hereinafter referred to as the "mortgage contract of this case", and this case.