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(영문) 광주지방법원 해남지원 2018.12.11 2018가단202221

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant received a credit guarantee from the Plaintiff four times as indicated in the table below, and used money from the agricultural cooperative (hereinafter “FFFFFFFFFFFFF”) and did not pay interest, principal, etc. normally. As indicated in the table above, the Plaintiff acquired the right to indemnity against the Defendant by subrogationing to the agricultural cooperative at the end of the land as indicated in the table above.

B. Since then, on November 13, 2007, the Plaintiff filed an order against the Defendant to pay the amount of compensation for subrogation as above with the Gwangju District Court 2007 tea1790, and issued an order to pay to the Plaintiff KRW 49,408,717 and KRW 46,730,481 as to the Plaintiff from November 5, 2007 to the delivery date of the original payment order, KRW 15% per annum from the next day to the delivery date of the original payment order, and KRW 20% per annum from the next day to the full payment date, and the payment order was finalized on December 6, 2007 after serving to the Defendant on November 21, 2007.

C. On June 29, 2006, the Plaintiff applied for a provisional attachment on the real estate owned by the Defendant as the right to preserve a prior right to indemnity based on each credit guarantee agreement between the Defendant and the Defendant before subrogated to the Agricultural Cooperatives as above, and received a provisional attachment order on June 30, 2006, on June 29, 2006.

On the other hand, on February 2, 2007, the Korea Fisheries Cooperatives, the defendant's other creditors, filed an application for the auction of real estate rent for the real estate owned by the defendant, which was provisionally seized by the plaintiff to Gwangju District Court Maritime District Court B, and the decision of commencement of auction was rendered on February 5, 2007. In this case, the plaintiff requested the above auction procedure as a person holding a provisional attachment but did not receive the distribution because

Such a distribution schedule was finalized on August 26, 2008.

[Ground of recognition] Gap evidence Nos. 2, 3, 5, 6, Eul evidence No. 1-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.