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(영문) 서울동부지방법원 2016.10.20 2016가합100377
구상금
Text

1. As to KRW 238,403,230 and KRW 237,918,690 among the Plaintiff, Defendant A shall be from July 4, 2014 to August 5, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff is a Korea Cmat Bank Co., Ltd. (hereinafter “Cmat Bank”) with respect to the CB station operated by Defendant A (hereinafter “Cmat Bank”).

(1) Each credit guarantee agreement necessary for receiving a loan from an enterprise driving general fund (i.e., the guaranteed principal of KRW 144 million on May 24, 2013; (ii) the term of guarantee; (iii) the guaranteed principal of KRW 91.8 million on June 10, 2013; and (iv) the term of guarantee; and (v) the term “each credit guarantee agreement of this case” collectively referred to as “each credit guarantee agreement of this case”.

(2) In each credit guarantee agreement of this case, each of the credit guarantee agreements of this case set forth that damages for delay should be added to the amount of the guaranteed obligation when the Plaintiff fulfilled the guaranteed obligation from the date of the performance of the guaranteed obligation. (2) Defendant A received a loan from the CT Bank under each of the credit guarantee agreements of this case, and then closed the CB station on May 22, 2014.

Accordingly, on July 4, 2014, the Plaintiff subrogated 237,918,690 won to the Citti Bank.

In addition, 484,540 won was paid by subrogation under each credit guarantee agreement of this case.

3) On April 23, 2014, the Plaintiff set the rate of damages for delay under the respective credit guarantee agreements of this case as 12% per annum. (b) Defendant A entered into a sales contract with D to sell to D the land outside E and the above ground C/L building (hereinafter “instant gas station”) for KRW 2 billion in the purchase price, the right to collateral security, provisional seizure, and provisional seizure recorded on the registry are succeeded by D, and KRW 414.6 million out of the purchase price was transferred and paid in lieu of the ownership of the real estate listed on the separate sheet owned by D (hereinafter “instant real estate”).

(hereinafter “instant sales contract”). Defendant B loaned KRW 263 million to Defendant A, his spouse, from September 9, 2013 to December 4, 2013.

Accordingly, the defendant A pertaining to the instant real estate between the defendant B around April 23, 2014.

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