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(영문) 서울중앙지방법원 2018.02.23 2016가단5073807
구상금등
Text

1. Defendant A’s KRW 26,348,960 among the Plaintiff and KRW 26,289,701 among the Plaintiff, up to October 20, 2015.

Reasons

1. Basic facts

A. On February 23, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A on KRW 18,530,000 of the guaranteed principal (the change into KRW 17,00,000 after the vehicle) and February 22, 2012 (the change into February 17, 2016 after the vehicle). Defendant A obtained the said credit guarantee agreement from the Industrial Bank of Korea as collateral for small and medium enterprise loans of KRW 21,80,000,000 from the Industrial Bank of Korea.

On June 25, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A on June 25, 2013 with the term of guarantee principal of KRW 9,040,000 (the change to KRW 8,800,000 after the vehicle), and on June 24, 2014 (the change to June 24, 2015 after the vehicle), and Defendant A obtained a credit guarantee agreement of KRW 11,30,000 from the Industrial Bank of Korea as collateral.

B. According to each credit guarantee agreement of this case, upon the Plaintiff’s performance of the guaranteed obligation, Defendant A is obliged to pay to the Plaintiff the amount of the guaranteed obligation and the amount of the guaranteed obligation from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016) and the expenses incurred in the preservation and exercise of the rights acquired through the performance of the guaranteed obligation (legal procedural expenses).

C. On July 17, 2015, Defendant A caused a credit guarantee accident that has lost the benefit of time due to Defendant A’s failure to repay his/her loan obligations. On October 20, 2015, the Plaintiff repaid the Bank totaling KRW 26,379,121 on behalf of Defendant A.

The plaintiff recover 89,420 won on the same day, and the remaining amount of subrogation is 26,289,701 won (=26,379,121 won - the recovered principal).

The final damages are KRW 29,00,000, and the penalty for attempted penalty is KRW 59,230.

Meanwhile, on June 23, 2015, Defendant A donated each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the part of Defendant B, the sole property of which is his/her own (hereinafter “instant gift agreement”), and was based on the said donation on June 25, 201.

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