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(영문) 부산지방법원 2015.06.26 2015가단203123
구상금 등 청구의 소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 90,818,644 and KRW 90,304,39 among them.

Reasons

1. Basic facts

A. On June 11, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant Company”) under the joint and several guarantee by Defendant B, and the Defendant Company was loaned KRW 100 million from the Gyeongnam Bank under the Plaintiff’s credit guarantee.

B. Thereafter, on October 28, 2014, the Plaintiff subrogated the Defendant Company for KRW 91,081,109 to the Konam Bank, which caused a credit guarantee accident.

Under the above credit guarantee agreement, the damages for delay determined by the Plaintiff and the legal procedure costs incurred by the Plaintiff were paid with respect to the amount of subrogation. The damages for delay after October 28, 2014 are 12% per annum, and the legal procedure costs incurred by the Plaintiff are 513,90 won.

The plaintiff recovered 776,710 won on the day of the payment by subrogation and appropriated it to the principal of the subrogation, and the final delay damages for the amount of recovery by subrogation are 255 won.

C. Meanwhile, Defendant B, a wife-type Defendant C, completed the registration procedure for ownership transfer on August 19, 2014, as the receipt No. 22364 of the receipt on August 19, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

Defendant B has no particular property in addition to the above real estate, and is insolvent.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 2-3, fact-finding results of fact-finding on the common market in this court, the purport of the whole pleadings

2. According to the facts of the determination as to the claim against the Defendant Company and the Defendant B, the Defendant Company and the Defendant B jointly and severally agreed to the Plaintiff 90,818,644 won (=the remainder of KRW 90,304,399 (=the remainder of KRW 91,081,09 won -776,710), the legal procedure cost of KRW 255 for the fixed delay damages) and the remainder of the subrogated amount of KRW 90,304,39 (the remainder of the subrogated amount of KRW 513,90), which is the date of subrogation, from October 28, 2014 to March 31, 2015, which is the date of final delivery of the copy of the complaint of this case against the said Defendants.

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