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(영문) 부산지방법원 2019.08.22 2017가단337518

구상금

Text

1. As to KRW 48,55,816 and KRW 47,524,970 among the Plaintiff, Defendant A shall be from December 11, 2017 to November 21, 2018.

Reasons

1. Facts of recognition;

A. On March 22, 2016, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on March 22, 2016, with respect to the loan repayment obligation under Defendant A’s loan from D Bank, with a credit guarantee agreement on March 22, 2018. Defendant A submitted a credit guarantee agreement under the said credit guarantee agreement on the same day and received a loan from D Bank. 2) A bank notified the Plaintiff of the credit guarantee accident that the Plaintiff caused the occurrence of the credit guarantee accident in arrears with the interest of the loan, and the Plaintiff subrogated the Plaintiff on December 11, 2017 to the D Bank for a total of KRW 47,524,970 (principal amount of KRW 47,00,000,000 and interest amount of KRW 47,00,000) until December 10, 2017.

3) The costs incurred by Defendant A, due to the foregoing guarantee accident, subrogation, etc., are KRW 1,030,846,000 for legal procedure costs. Meanwhile, the Plaintiff’s delay damages rate applied to the credit guarantee agreement from September 5, 2013 to the date of the credit guarantee agreement is 12% per annum. (B) Defendant B, who has completed the registration of the establishment of the instant neighboring real estate between Defendant B and Defendant A on March 21, 2017, is the real estate listed in the separate sheet (hereinafter “instant real estate”).

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

(2) On the same day, the registration of creation of a mortgage on the instant real estate by the Busan District Court was accepted on March 22, 2017, the maximum debt amount of KRW 110 million, the debtor A, and the defendant B, the mortgagee B (hereinafter “the registration of creation of a mortgage on the instant real estate”).

(C) Around September 15, 2017, Defendant B filed an application for voluntary auction of the instant real estate upon the registration of the establishment of the instant real estate, and made a decision on July 11, 2018 to permit the sale of the instant real estate in the process of the auction procedure.

2.