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(영문) 부산지방법원 2019.08.22 2019가단309067
구상금
Text

1. As to KRW 21,106,373 and KRW 20,806,378 among the Plaintiff, Defendant A shall be from March 11, 2019 to March 26, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against Defendant A 1) The Plaintiff created a claim for reimbursement against Defendant A on June 1, 2004, and Defendant A C Co., Ltd. (hereinafter “C”).

(2) In obtaining a loan from the Defendant, the credit guarantee agreement was concluded on May 31, 2005 with respect to the loan repayment obligation as the guaranteed amount of KRW 24 million and the guaranteed period of KRW 30 million. The Defendant submitted a credit guarantee agreement under the said credit guarantee agreement on the same day and received a loan of KRW 30 million from C on the same day. After that, the said credit guarantee agreement has been changed several occasions on October 18, 2019, and finally, around October 16, 2018, the guarantee period of KRW 20,400 was changed to KRW 20,000,000. 2) On December 31, 2018, the Plaintiff notified the Plaintiff of the credit guarantee accident that the guarantee accident occurred on the grounds of Defendant’s current account, etc., and the Plaintiff paid the principal of the loan by subrogation to C on March 11, 2019, KRW 306,3078,3008,708.

3) The costs of legal proceedings are KRW 299,99,95, which Defendant A is obligated to additionally bear with respect to the Plaintiff due to the foregoing guarantee accident, subrogation, etc. Meanwhile, the Plaintiff’s interest rate for delay applied to the credit guarantee agreement from February 1, 2016 to the date is 10% per annum. (B) Defendant B association (hereinafter “Defendant Association”) which has completed the registration of the establishment of a neighboring mortgage of the Defendant Union.

(A) On November 2, 2018, Defendant A and the Defendant indicated in the separate sheet (hereinafter referred to as “instant real estate”).

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

(C) On November 2, 2018, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) under Article 26260 of the Act, which was received on November 2, 2018 with respect to the instant real property by the Busan District Court, was concluded.

(1) The Act has been completed.

C. The Defendant A, who is insolvent by the Defendant A, established the instant mortgage contract.

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