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(영문) 서울중앙지방법원 2016.04.26 2015가단5163307

구상금 등 청구의 소

Text

1. As to KRW 87,758,570 and KRW 86,418,110 among the Plaintiff, Defendant A shall be from May 13, 2015 to June 16, 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A (hereinafter “each of the credit guarantee agreements of this case”) with a view to securing the payment of the principal and interest of the loan by Defendant A, with a view to securing the payment of the principal and interest of the loan granted by the Bank of Korea on October 29, 2001, with a credit guarantee agreement of October 29, 2001, with a guarantee term of 42,500,000 won as of March 5, 2003, with a guarantee term of 42,50,000 won as of March 5, 2003, and with a guarantee term of 52,70,000 won as of March 5, 204 (hereinafter “each of the credit guarantee agreements of this case”), through a change in the guarantee term, and each of the changes was made to the guarantee term of 52,700,000 won as of October 16, 2015.

Defendant A received money from the Bank as collateral for each of the above guarantees.

B. On February 18, 2015, our bank notified Defendant A of the occurrence of a credit guarantee accident for loss of benefit of time, and on May 13, 2015, the Plaintiff subrogated to our bank the principal and interest of the above loan and interest of KRW 86,418,110 on behalf of the Plaintiff pursuant to the respective credit guarantee agreements of this case.

In addition, the plaintiff paid KRW 148,020 as additional guarantee fee, and did not recover KRW 1,192,440 out of the legal procedure cost.

The interest rate on delay damages at the time of subrogation is 12% per annum.

C. On November 21, 2014, Defendant A entered into a donation contract with Defendant B on real estate stated in paragraph (1) of the attached Table No. 1 (hereinafter “instant donation contract”) and completed the registration of ownership transfer on November 24, 2014.

On December 29, 2014, Defendant A entered into a contract to establish a right to collateral security (hereinafter “instant contract”) with the Defendant Korea Vinyl Co., Ltd. on each real estate listed in the separate sheet Nos. 2 and 3, and completed the registration of establishment of the right to collateral security on the same day.

Section 3 of [Attachment 2] No. 82,410,000 of real estate listed in Annex 2 of [Attachment 2] No. 82,410,000 of real estate listed in Annex 2 of [Attachment 2] 537,000 of real estate listed in Annex 1 of [Attachment 1 Condominium].