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(영문) 부산지방법원동부지원 2019.12.11 2018가단6145

구상금

Text

1. Defendant B’s KRW 70,000,000 as well as 15% per annum from September 29, 2018 to May 31, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

(a) The Credit Guarantee Fund's indemnity claim 1) The Credit Guarantee Fund shall be a joint and several surety of Defendant B on March 19, 2009 and March 26, 2010, D Co., Ltd. (hereinafter referred to as "Nonindicted Company").

(2) The non-party company received each credit guarantee agreement from the E Bank Youngdo branch on March 19, 2009, and 200 million won on March 26, 2010.

3) However, around April 19, 2016, a credit guarantee accident occurred by the non-party company’s principal and delayed payment. On August 9, 2016, the Korea Credit Guarantee Fund subrogated to KRW 217,737,097 in total at the E Bank Youngdo Branch. (B) The real estate listed in the separate sheet (i) between the Plaintiff and the Defendants (hereinafter “instant apartment”) was jointly owned by Defendant B and his spouse, respectively.

2) On April 7, 2016, the Plaintiff purchased the instant apartment at KRW 200,000,000 between the Defendants and the Defendants (hereinafter “instant sales contract”).

(3) At the time of the conclusion of the instant sales contract, the instant apartment was completed on November 6, 2009; the maximum debt amount of KRW 143 million; the debtor C and the mortgagee Co., Ltd., Ltd., F (hereinafter referred to as the “mortgage”); and the establishment of a mortgage (hereinafter referred to as the “mortgage”).

4) In accordance with the agreement with the Defendants, the Plaintiff received a loan of the instant apartment on April 11, 2016 as collateral and repaid the secured debt of the instant apartment, and paid in full the sales amount of KRW 127,248,249, out of the loan, 72,751,751, out of the remainder of the sales amount to Defendant C’s account. On the same day, the Plaintiff completed the registration of ownership transfer based on the instant apartment as to the instant apartment. (C) The Credit Guarantee Fund’s creditor revocation lawsuit against the Plaintiff as Busan District Court Decision 2016Ga47495, seeking the revocation of fraudulent act and restitution against the Plaintiff.