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(영문) 부산지방법원 2015.09.08 2015가단208289
구상금
Text

1. As to KRW 26,771,378 and KRW 25,926,618 among the Plaintiff, Defendant A and B, jointly and severally, shall be from January 5, 2015 to June 5, 2015.

Reasons

1. Facts of recognition;

A. On September 7, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant guarantee agreement”) with Defendant A under the joint and several guarantee guarantee of Defendant B with the amount of KRW 25,500,000,000 and the guarantee period until September 6, 2013 (which was extended to September 5, 2014). According to the instant guarantee agreement, when the Plaintiff fulfilled the guarantee obligation, the Plaintiff shall reimburse the amount of the guarantee obligation and the amount of damages calculated according to the rate and calculation method determined by the Plaintiff from the date of full payment to the date of full payment, and the amount of damages, additional guarantee fees, etc. calculated by the Plaintiff’s credit guarantee accident notification or request for the performance of the guarantee obligation from the creditor, etc. of the credit guarantee under the instant credit guarantee agreement, the Plaintiff may compensate in advance without prior notice or demand. In this case, the principal and the joint and several sureties agreed to bear the advance repayment obligation without objection.

B. On September 7, 2012, Defendant A received a loan of KRW 30 million from the Busan Bank on the basis of the instant guarantee agreement. On July 1, 2014, the occurrence of a guarantee accident due to the delayed payment of the principal and interest of Defendant A, and the Busan Bank notified the Plaintiff of the occurrence of the said guarantee accident on July 23, 2014.

C. On January 5, 2015, the Plaintiff subrogated to the Busan Bank for KRW 25,926,618 (i.e., principal amounting to KRW 25,50,000, and KRW 426,618).

Legal procedure costs incurred by the Plaintiff are KRW 717,960, and additional guarantee fees are KRW 126,800.

The rate of damages for delay determined by the Plaintiff is 12% per annum from September 5, 2013.

E. Meanwhile, with respect to the real estate indicated in the order of its own property (hereinafter “instant land”), B, around July 23, 2014, completed the registration of the right to claim ownership transfer registration based on the purchase and sale promise on the same day, and completed the principal registration of ownership transfer registration based on the purchase and sale transaction on November 25, 2014 on November 20, 2014.

F. The reservation of the sale and purchase, as well as the sale and purchase contract, are made in the instant case.

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