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(영문) 서울중앙지방법원 2017.02.08 2016가합547836
구상금 등 청구의 소
Text

1. The defendant A pays to the plaintiff KRW 222,017,667 and KRW 220,327,96,00 per annum from March 4, 2016 to September 1, 2016.

Reasons

1. Basic facts

A. In obtaining a loan from the Industrial Bank of Korea, the Plaintiff entered into a credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) as follows:

on February 17, 2014.2. 17, 2014.2. 17, 200,000,000 of loans of small and medium enterprises on February 16, 2015 (2. 16, 2016) for loans of 200,000,000 of loans of small and medium enterprises on May 26, 2015.

B. At the time Defendant A entered into each of the credit guarantee agreements with the Plaintiff, the rate of delay damages determined by the Plaintiff is 10% per annum from March 4, 2016 to the date.

C. Defendant A borrowed each of the above loans from the Industrial Bank of Korea under each of the instant credit guarantee agreements, but, on September 3, 2015, a credit guarantee accident occurred due to a decision to commence compulsory sale of a workplace, and on October 17, 2016, Defendant A lost the interest of each of the above loans due to delinquency.

On March 4, 2016, the Plaintiff subrogated to the Industrial Bank of Korea for 220,327,966 won (i.e., interest of KRW 170,000,000 on the principal of the primary guarantee loan, KRW 4,302,135, and interest of KRW 45,000,000 on the principal of the secondary guarantee loan, 1,025,861).

E. The expenses incurred by the Plaintiff in taking measures to preserve claims for the above indemnity claim are KRW 1,850,814, and the amount of KRW 317,603 thereafter is KRW 1,533,211, which the remainder of the expenses incurred in preserving claims paid by the Plaintiff.

F. In addition, as Defendant A did not repay the guaranteed amount within the given guarantee period, there was a penalty of KRW 156,490.

G. Defendant A’s property disposal act 1) Defendant A’s respective real estate listed in the separate sheet No. 1 and No. 2 (hereinafter “each of the instant real estate”) between Defendant A and Defendant B on August 20, 2015.

A) On the same day, Defendant B entered into a contract to establish a mortgage and completed the registration of establishment of a mortgage on each of the above real estate (hereinafter referred to as “the registration of establishment of a mortgage”) as the District Court Receipt No. 93635.

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