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(영문) 부산지방법원 2019.10.17 2019가단302752

구상금

Text

1. As to KRW 24,636,737 and KRW 24,474,917 among the Plaintiff, Defendant A shall be from December 19, 2018 to March 8, 2019.

Reasons

1. Facts of recognition;

A. On March 11, 2015, the Plaintiff entered into a credit guarantee agreement between Defendant A and the Industrial Bank of Korea under which Defendant A received a loan from the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) with respect to the repayment of the loan amounting to KRW 29,750,00, and the term of guarantee on March 10, 2016. The Defendant A submitted a credit guarantee agreement under the said credit guarantee agreement on the same day, and received a loan from the Industrial Bank of Korea. Thereafter, the said credit guarantee agreement was finally changed to KRW 24,05,00 on March 8, 2019; the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) to the Plaintiff on September 14, 2018, to the effect that the credit guarantee accident occurred due to delayed payment of interest; the Plaintiff paid the principal and interest of KRW 29,750,000 to the Industrial Bank of Korea on December 19, 2018 (hereinafter “Industrial Bank of Korea”).

3) The costs incurred by Defendant A, due to the foregoing guarantee accident, subrogation, etc., are KRW 161,820,00 for legal procedure costs. Meanwhile, the Plaintiff’s delay damages rate applied to the credit guarantee agreement from October 1, 2018 to October 1, 2018 is 10% per annum. (B) Defendant B, who was the owner of Defendant A, is the owner of Defendant A, on March 16, 2018, is each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

2) As to the establishment of the right to collateral security (hereinafter “mortgage”).

(1) On March 16, 2018, the registration of the establishment of a mortgage-mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage