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(영문) 광주지방법원 2017.01.06 2015가단516019
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On November 3, 2011, the Plaintiff entered into a credit guarantee agreement with Nonparty D, setting the credit guarantee principal of KRW 85,00,000,00 and the credit guarantee term as of October 31, 2014, as well as Nonparty D’s National Bank (hereinafter “National Bank”) Co., Ltd. (hereinafter “National Bank”).

(A) the credit guarantee agreement guaranteeing obligations for loans to the Fund (hereinafter “the instant credit guarantee agreement”).

(2) On November 3, 201, Nonparty D borrowed KRW 100,000,00 from the National Bank of Korea (Evidence 1 through 3). According to the instant credit guarantee agreement, Nonparty D agreed to pay to the Plaintiff the amount of the obligation to guarantee, ② the amount of the obligation to guarantee, ② the amount of damages in proportion to the Plaintiff determined by the Plaintiff from the date when the obligation to guarantee was performed to the date when the obligation was repaid, ③ all other expenses, penalty, and ④ the amount of subrogated payment, etc.

B. Along with the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, Nonparty D could not pay the principal and interest of loan to a national bank. On November 1, 2014, the occurrence of a credit guarantee accident occurred. On November 25, 2014, the Plaintiff subrogated 85,823,452 won of the principal and interest of loan to a national bank pursuant to the instant credit guarantee agreement (Evidence 4 and 5) on November 25, 2014 (Evidence 5). 2) The Plaintiff recovered some amount from Nonparty D from December 31, 2014 to October 20, 2016 to appropriate it for the amount of subrogation.

3) In accordance with the credit guarantee agreement of this case, the Plaintiff acquired the claim for reimbursement of KRW 50,873,970 in the amount of subrogated payment, and KRW 1,104,632 in the amount of damages for delay of the said subrogated payment, KRW 106,190 in accordance with the credit guarantee agreement of this case, and KRW 1,104,632 in the amount of damages for delay of the said subrogated payment, and KRW 106,190 in the amount of damages for delay (Evidence 13,14 in the evidence). (c) With respect to the real estate listed in the attached Table 1(1), Nonparty D shared 1/3 shares, Defendant A, B, C, and E in share of 1/6 shares, but Nonparty D transferred the said 1/3 shares to Defendant on April 23, 2014 (hereinafter “instant 1 sales contract”).

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