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(영문) 부산지방법원 2018.09.04 2017가단325096
구상금
Text

1. As to KRW 8,140,312 and KRW 8,122,807 among the Plaintiff, Defendant A’s year from July 6, 2017 to January 9, 2018.

Reasons

1. Facts of recognition;

A. On March 12, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A and the guaranteed amount at KRW 10,00,00,00, and with the original branch of the Nonghyup Bank Co., Ltd. (hereinafter “CF”), and with the term of guarantee until March 20, 2019, and issued a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) to Defendant A.

B. On March 12, 2014, Defendant A obtained a loan of KRW 10,000,000 at the time limit for the loan at the Hanpo Branch of the Nonghyup Bank as collateral at the time of March 20, 2019.

C. According to a credit guarantee agreement, when the Plaintiff performs the guaranteed obligation, Defendant A shall pay to the Plaintiff the amount of subrogated payment for the performance of the guaranteed obligation, damages for delay calculated by the rate of damages determined by the Plaintiff from the date of full payment to the date of full payment, and all incidental obligations, such as legal procedure expenses, etc. incurred by the Plaintiff in exercising or preserving the right by discharging the guaranteed obligation.

In February 16, 2017, Defendant A notified the Plaintiff on January 21, 2017 that a credit guarantee accident against Defendant A occurred.

E. On April 6, 2017, the Plaintiff spent KRW 163,440,00 as the expenses for filing an application for provisional seizure against real estate to preserve the claim for advance reimbursement against Defendant A. Of these, 145,935 won was recovered. On July 6, 2017, the Plaintiff subrogated the Defendant’s principal and interest amounting to KRW 8,122,807 (= Principal amounting to KRW 8,020,063 KRW 102,744), on behalf of the Hanpo branch in accordance with the credit guarantee agreement, and on September 5, 2013, the rate of delay compensation determined by the Plaintiff to be 12% per annum.

F. Meanwhile, Defendant A, on October 5, 2016, is deemed to be “instant real estate” as indicated in the attached real estate indicated in the attachment, which was owned and solely owned by Defendant B, and Defendant A.

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