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(영문) 서울중앙지방법원 2015.09.01 2015가단5003016

구상금

Text

1. The Defendant’s annual interest in KRW 59,146,395 and KRW 9,771,718 among the Plaintiff, from November 3, 2012 to November 30, 2012.

Reasons

1. Determination as to the cause of claim

(a) Facts of recognition: as shown in the reasons for the claim in annexed Form;

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 9 (including virtual number), the purport of the whole pleadings

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the indemnity amounting to KRW 59,146,395 under the credit guarantee of this case (i.e., KRW 48,289,289,74,930 in arrears interest amounting to KRW 9,771,718 in subrogation interest amounting to KRW 48,289,747 in subrogation interest amounting to KRW 1,084,930 in subrogation interest amounting to KRW 9,771,718 in subrogation interest amounting to KRW 9,71,718 in subrogation interest rate from November 3, 2012 to November 30, 2012, the agreed interest rate of KRW 12% in subrogation interest from December 1, 2012 to December 8, 2014, which is the delivery date of the instant payment order from the next day to the full payment date.

2. Judgment on the defendant's assertion

A. The Defendant shall be refunded the amount of KRW 10 million, which is the remainder of the amount calculated by deducting penalty, etc. from the sales price already paid by the Defendant due to the termination of the contract concluded between the Defendant and the development of the pre-sale industry, which is the executor of the pre-sale apartment B and the pre-sale contract concluded between the Defendant (hereinafter “instant sales contract”). The Plaintiff, who is the Defendant’s guarantor and the obligor, received the preferential right by subrogation from the bank designated as the priority beneficiary under the initial trust agreement, and according to the business agreement concluded between Korea bank, the Plaintiff, the pre-sale industry development and the pre-sale construction as the contractor of the pre-sale contract, and the pre-sale industry development should be appropriated for the Defendant’s obligation to the Defendant’s bank prior to the penalty, and the pre-sale price to be refunded to the Defendant due to the cancellation of the instant sales contract. Accordingly, the Plaintiff shall pay the remainder to the Defendant first appropriated the pre-sale development to the Defendant for the obligation to return the pre-sale contract.