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(영문) 춘천지방법원 2015.10.27 2015가단5173
구상금 등
Text

1. As to KRW 21,123,849 and KRW 20,786,570 among the Plaintiff, Defendant A and B shall jointly and severally serve as the Plaintiff and KRW 20,786,570 from July 14, 2015.

Reasons

1. Facts of recognition;

A. On March 22, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A on March 21, 201 (hereinafter “the instant credit guarantee agreement”) under the terms of the guaranteed principal, 20,000,000 won, and the term of guarantee on March 21, 2011, in order to guarantee the repayment of a loan from Defendant C’s Saman Saemaul Community Credit Depository (hereinafter “Sulan Community Credit Depository”). The Defendant B jointly and severally guaranteed the Defendant A’s credit guarantee obligation.

B. Upon entering into the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff for the amount of subrogated payment and damages for delay as determined by the Plaintiff from the date of repayment thereof (12% per annum from January 2012 to January 2012 under Article 28 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of guaranteed obligations, and expenses incurred in the preservation, transfer, and exercise of rights acquired from the performance of guaranteed obligations.

C. On March 23, 2010, Defendant A submitted a credit guarantee statement issued pursuant to the credit guarantee agreement of this case to community credit cooperatives and borrowed KRW 20,000,000 from the said bank (hereinafter “instant loan”), but on January 24, 2015, Defendant A delayed payment of interest on the said loan and caused an accident of guarantee.

Accordingly, on June 29, 2015, the Plaintiff subrogated 20,786,570 won to community credit cooperatives, and as a result, 102,509 won was incurred from June 29, 2015 to July 13, 2015.

E. On the other hand, on January 2, 2015, Defendant B entered into a mortgage agreement with Defendant C on the real estate indicated in the separate sheet, which is the only property owned by Defendant C (hereinafter “instant real estate”), with regard to which the debtor set forth as KRW 300 million with the maximum debt amount, and on the same day, Defendant C completed the registration of creation of a neighboring mortgage regarding the instant real estate as indicated in Article 2(b) of the Disposition.

(hereinafter “instant mortgage”). F.m., the instant mortgage

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