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(영문) 서울중앙지방법원 2017.06.30 2015가단5285924

구상금 등 청구의 소

Text

1. As to KRW 64,687,40 and KRW 64,687,398 among the Plaintiff, Defendant A shall be from June 11, 2015 to August 26, 2015.

Reasons

1. Basic facts

A. (1) On October 24, 2013, the Plaintiff entered into a credit guarantee agreement (i.e., a credit guarantee agreement) with Defendant A, with which the Plaintiff guarantees the loan of small and medium enterprise funds borrowed from a financial institution in grain as of 63,750,000 won in the guaranteed principal, and October 24, 2014 in which the term of guarantee was set and guaranteed by the Plaintiff (the term of guarantee thereafter was changed on October 23, 2015).

The credit guarantee agreement of this case is referred to as the "credit guarantee agreement of this case"

Defendant A entered into a credit guarantee agreement of this case, and Defendant A entered into the Industrial Bank of Korea (hereinafter “Corporate Bank”) as a security for the credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement.

(2) A loan of KRW 75,000,000 from 75,000 (hereinafter “instant loan”).

(2) At the time of the conclusion of the instant credit guarantee, the Plaintiff and Defendant A agreed to reimburse the Plaintiff in advance at the time of the instant application for commencement of individual rehabilitation procedures, business closure, etc. In the event that the Plaintiff discharges the guaranteed obligation, the Plaintiff agreed to pay the Plaintiff the amount of the guaranteed obligation, the amount of the guaranteed obligation, the amount of the guaranteed obligation discharged, the amount of damages calculated according to the Plaintiff’s calculation method, the amount of the guaranteed obligation discharged, the amount of the guaranteed obligation discharged, the amount of expenses incurred in the performance of the guaranteed obligation, the amount of the guaranteed obligation discharged, the amount of expenses incurred in preserving the right acquired through the performance of the guaranteed obligation, and the amount of damages determined by the Plaintiff is

3 The defendant A discontinues his/her business that he/she operated on March 12, 2015, and the same year.

4. 22. Upon occurrence of a guarantee accident applying for individual rehabilitation as Seoul Central District Court 2014da57204, the Plaintiff subrogated to a corporate bank for the principal and interest of KRW 64,695,817 on June 11, 2015, and collected KRW 8,419 on the same day, and the amount that the Plaintiff has yet to recover is KRW 64,687,398, and the fixed damages for delay on the recovered amount is two won.

B. Defendant A entered into a sales contract with Defendant B on March 11, 2015 with respect to the instant real estate owned by him/her and entered into the sales contract (hereinafter “instant real estate”).