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(영문) 부산지방법원 2016.02.02 2015가단208876

구상금

Text

1. Defendant A: 13,64,827 won and 12% per annum from March 30, 2015 to March 27, 2015, and from the following day to September 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the International Savings Bank Co., Ltd. (hereinafter “International Savings Bank”) upon Defendant A’s guarantee request.

(2) In receiving a loan from the International Savings Bank, a credit guarantee agreement shall be made for the obligation to repay the principal and interest of loan to be borne by the Defendant. After entering into a credit guarantee agreement as set forth below, the Defendant A issued a credit guarantee agreement to the International Savings Bank. Accordingly, the Defendant A extended a loan from the International Savings Bank (hereinafter “instant loan”).

(1) On July 23, 2018, the Plaintiff subrogated to an international bank account (hereinafter “international bank account”) of the loan amount 1 C 14,250,000 of the loan extended on July 23, 2013 (the details of the loan, unit cost) / [the details of the loan, unit cost] 15,000,000 of the loan extended by the loan institution as of the date when the loan was extended by the loan institution 15,00,000 International Savings Bank on July 23, 2013, the Defendant A delayed the repayment of the principal and interest repayment obligation on December 23, 2014, due to a credit guarantee accident due to a delay in performing the credit guarantee obligation on December 23, 2014. < Amended by Presidential Decree No. 26813, Mar. 30, 2015; Presidential Decree No. 2427, Apr. 13, 2017>

3) According to the instant credit guarantee agreement, when the Plaintiff fulfilled its guaranteed obligation, the Plaintiff was paid damages for delay equivalent to 12% per annum from the Defendant from the date of performance to the date of full payment, and the legal procedure costs are KRW 174,640. (b) Defendant A is the real estate listed in the separate sheet (hereinafter “instant real estate”).

As to the sales contract on July 28, 2014 (hereinafter “instant contract”).

(2) On July 29, 2014, Busan District Court completed the registration procedure for ownership transfer under the receipt No. 218021 on July 29, 2014. [Grounds for recognition] Defendant A: the judgment for deemed confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): The fact that there is no dispute, and subparagraphs A through 9 (tentative number).