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(영문) 대구지방법원 2020.09.18 2019가단139924

구상금 등

Text

Defendant A’s annual interest in KRW 20,984,327 and KRW 20,249,078 among the Plaintiff, from September 5, 2019 to October 10, 2019.

Reasons

1. Plaintiff’s claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Plaintiff’s claim against Defendant B

A. A) Defendant A entered into a credit guarantee agreement with the Plaintiff on May 12, 2017, and March 13, 2018, and received loans from E Co., Ltd (hereinafter “E”) based on each credit guarantee agreement.

B) The Defendant A delayed the repayment of the principal of the loan to E and lost the benefit of May 11, 2019. On September 5, 2019, the Plaintiff paid the Plaintiff the total amount of KRW 20,249,078 on the part of Defendant A’s principal and interest to E on September 5, 2019. C) Accordingly, the Defendant A bears the Plaintiff’s liability for reimbursement of the total amount of KRW 20,984,327, including the amount of subrogated payment of KRW 20,249,078 and the amount of subrogated payment of KRW 680,759, the amount of subrogated payment of KRW 54,490.

2) On May 7, 2019, Defendant A’s respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to Defendant B on May 7, 2019.

As to the maximum debt amount of KRW 130 million, Defendant A entered into a mortgage agreement with the debtor, and on the same day, Defendant B completed the registration of creation of a mortgage on each of the following dates (hereinafter “each of the instant mortgages”).

3) Defendant A was in excess of the obligation at the time of the establishment of each of the instant collective security rights.

4) A) On April 23, 2019 with respect to each of the instant real estate, the compulsory auction by this Court C real estate, and the auction by D on June 17, 2019 was initiated.

In the procedure, each of the instant real estate was sold, and the registration of establishment of each of the instant real estate was cancelled.

B) The above auction court shall order 238,310,707 won to be actually distributed on the date of distribution on July 22, 2020, 341,280 won to the person who has the authority to issue in Yongcheon-si (tax) and 472,640 won to the person who has the authority to issue the National Health Insurance Corporation branch offices in the order of 4,712,71, 68,987 won to the person who has the authority to issue the National Health Insurance Corporation (public charges), 15,686,376 won to Defendant B of Youngcheon-si, and 92,208 won to the person who has the authority to deliver the Si (tax).