logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.18 2015가단5076410
구상금
Text

1. Defendant A shall not exceed 157,181,560 won within the scope of the property inherited from the deceased C and 156,239 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the network C with the content that the net C guarantees the obligation to be loaned from the bank as follows.

On December 6, 2012.06 ( December 05, 2014) : (i) the first loan (amount of loan) of the loan of the lending bank (payment due date); (ii) the payment due date of the loan of the lending bank (payment due date); (iii) the first loan of the lending bank (payment due date); (iv) the date of December 66, 2012; (iv) December 06, 2013 (payment December 05, 2014); (v) the second loan of the ordinary working capital (70,000,000) the Bank of Korea (70,000,000); and (v) the second loan of the ordinary working capital of the company (70,000,000) the Bank of Korea on December 90, 200, 2003; and (v) the Bank of Korea on December 07, 2012 (payment date of December 05, 2014).

B. At the time of a credit guarantee agreement, the network C agreed to pay the amount paid to the Plaintiff for the performance of the guaranteed obligation when the Plaintiff fulfilled the guaranteed obligation as the net C did not discharge the principal obligation, its delay damages, and the expenses paid by the Plaintiff for the preservation of the claim for reimbursement.

The rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012.

C. The network C is from our bank.

In November 4, 2014, loans were extended as stated in the paragraph, but they lost the interest of each of the above loans due to the delinquency of loans.

Accordingly, on March 10, 2015, the Plaintiff subrogated to the Bank for KRW 156,239,066, total amount of principal and interest of loans of KRW 156,239,06, and the additional guarantee fee was KRW 709,240, and KRW 233,254.

The deceased C died on April 26, 2015 and died on April 26, 2015, D and E waives inheritance among the entire and the fourth inheritors, and Defendant A made a qualified acceptance as the Incheon District Court Decision 2015Ra3652.

E. Meanwhile, on March 31, 2014, the network C entered into a sales contract with Defendant B on each real estate listed in the separate sheet 1 through 3 (hereinafter “each of the instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer on April 2, 2014.

F. On July 9, 2010 and August 10, 2010, two of the instant real estate was registered to establish a new mortgage under the name of the Gangwon Agricultural Cooperative.

arrow