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(영문) 부산지방법원동부지원 2020.04.07 2019가단212015

구상금

Text

1. As to KRW 114,484,481 and KRW 114,484,464 among the Plaintiff, Defendant A shall be from May 17, 2019 to May 29, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with Defendant A as listed below, and Defendant A issued each of the credit guarantee agreements issued by the Plaintiff pursuant to each of the credit guarantee agreements of this case to Co., Ltd. (hereinafter “C”) and received loans from Defendant A as listed below:

Since then, the term of guarantee of the credit guarantee agreement No. 1 was extended until November 1, 2019, and the term of guarantee of the credit guarantee agreement No. 2 until August 9, 2019.

Net Guarantee Number Guarantee Deposit Amount KRW 1 D 76,50,000,000 on the date of lending the term of guarantee on the date of guarantee guarantee, shall be November 10, 2009, November 13, 2010, KRW 2 E 40,000,000 on August 18, 201, 201. < Amended by Presidential Decree No. 23197, Aug. 17, 2011; Presidential Decree No. 23075, Aug. 50, 2011; Presidential Decree No. 23578, Nov. 13, 2009>

B. According to each credit guarantee agreement of this case, when Defendant A caused the occurrence of a credit guarantee accident and the Plaintiff fulfilled the guaranteed obligation, Defendant A shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of delay damages at the interest rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment, and the rate of delay damages is 8% per annum.

C. On January 3, 2019, C notified the Plaintiff of the occurrence of a credit guarantee accident due to the failure to provide the credit guarantee service to Defendant A by the guarantee agency on December 27, 2018.

On May 17, 2019, the Plaintiff subrogated for KRW 114,56,250 in total of KRW 112,00,00 and interest KRW 2,56,250 in principal and interest KRW 112,00,00 in C. On the same day, the Plaintiff recovered KRW 81,786 from Defendant A to appropriate it for the subrogation payment for credit guarantee No. 1, and as a result, the Plaintiff incurred KRW 17 of the finalized delay damages for the said partial repayment.

Meanwhile, on November 8, 2018, Defendant A entered into a sales contract with Defendant B, a partner of the same household, setting a price of KRW 180,000,000 for the real estate listed in the separate sheet (hereinafter “instant real estate”) and entered into a sales contract (hereinafter “instant sales contract”) and completed the registration of ownership on November 14, 2018.