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(영문) 춘천지방법원강릉지원 2019.12.17 2018나33067

구상금

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. (1) On July 7, 2015, the Plaintiff provided credit guarantee for A’s loan obligations at the time when the Plaintiff borrowed KRW 25 million from C Bank. In the event that the Plaintiff performed the guaranteed obligation between the Plaintiff and the Plaintiff, A agreed to reimburse the expenses incurred in preserving and exercising the rights acquired as a result of the payment of interest and the performance of the guaranteed obligation calculated at a rate of 12% per annum from the date of performance. (2) A did not pay interest on December 7, 2017 and lost the benefit of the time and caused an accident of credit guarantee.

3) After February 28, 2018, the Plaintiff subrogated for the principal and interest of 25,189,863 won to C Bank, and paid expenses of 264,544 won to compensate for the claim for reimbursement against A. B. 1) The Defendant and A have been married after completing the marriage report. Since around October 2017, the Plaintiff was suffering from a monetary problem and eventually, the agreement was reached.

The donor: The donor A: The defendant and the A agree to reach an agreement on divorce as follows:

- Agreed -

1. In division of property following the divorce by agreement, the real estate of this case shall be transferred under the name of the defendant.

2. The Defendant’s obligation of KRW 12,800,000 to E Co., Ltd. (hereinafter “E”) simultaneously with the transfer of the instant real property is to succeed to the debt amount of KRW 12,800.

3. The above agreement on division of property is an agreement on the remaining property value (excluding the Defendant’s property value of KRW 50 million, KRW 50 million, KRW 50 million, KRW 50 million, KRW 50 million, and KRW 50 million, and KRW 50 million in personal debt repayment) with a loan extended from E to repay an individual’s debt without any exception with the Defendant’s spouse.

As the Defendant succeeds to the above E’s obligation according to approximately KRW 50 million in property value of approximately KRW 140 million in the amount of redemption of a loan of approximately KRW 10 million in the real estate price of this case, approximately KRW 40 million in property value of KRW 50 million in property value of the Defendant, the property value of KRW 0 in property value of KRW 0.

4. In accordance with the above agreement, the defendant.