구상금 등 청구의 소
1. Defendant A’s KRW 48,710,190 and the Plaintiff’s annual rate of 6% from June 9, 2017 to July 8, 2017, and the following.
1. Basic facts
A. On September 29, 2016, the Plaintiff concluded a guarantee insurance contract for livelihood stabilization fund (hereinafter “instant guarantee insurance contract”) with Defendant A and the Insured Korea Teachers’ Credit Union, the insurance amount of KRW 49,681,670, and the insurance period from September 29, 2016 to October 28, 2022.
When the Plaintiff pays insurance money to the insured in accordance with the instant guarantee insurance contract, Defendant A agreed to pay damages for delay in accordance with the interest rate set by the Plaintiff. At present, the Plaintiff’s interest rate for delay is 6% per annum from the day following the payment date of insurance money to 30% per annum, 9% per annum from the following day to the 90th day, and 12% per annum from
B. On September 29, 2016, Defendant A borrowed KRW 71,000,000 from the Korean Teachers’ Credit Union as security for the guaranty insurance policy issued by the Plaintiff, and on February 28, 2017, Defendant A lost the benefit of time due to the delayed payment of loans.
On June 8, 2017, the Plaintiff paid KRW 48,710,190 to the Korean Teachers' Credit Union.
C. The Defendants were married with a couple who completed a marriage report on January 22, 1985. Defendant A completed the registration of ownership transfer on the real estate stated in the separate sheet (hereinafter “instant real estate”) that completed the registration of ownership transfer under his/her name on May 17, 2004, on October 27, 2016, on October 27, 2016, for Defendant B completed the registration of ownership transfer on the ground of a gift dated 26, 2016. The Defendants reported a divorce on March 3, 2017.
On November 15, 2016, Defendant A and the maximum debt amount of KRW 280,00,000, which had been established on the instant real estate, were cancelled on the ground of termination on November 15, 2016. As to the instant real estate, Defendant B created a mortgage of KRW 110,000,000 with respect to the instant real estate to Han Bank Co., Ltd. on November 15, 2016.
[Reasons for Recognition] Defendant A: The fact that there is no dispute over Defendant B: evidence No. 1 through 6, Eul 1, 2, 4, 10 (including various numbers; hereinafter the same shall apply) and the purport of the entire pleadings.