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(영문) 서울중앙지방법원 2015.07.01 2014가단5345386
구상금 등 청구의 소
Text

1. As to KRW 64,215,667 and KRW 63,714,929 among the Plaintiff, Defendant A’s year from November 21, 2014 to March 24, 2015.

Reasons

1. Facts of recognition;

A. (1) On March 27, 2013, the Plaintiff provided a credit guarantee that Defendant A provided the guaranteed amount of KRW 72,000,000 and the term of guarantee until March 26, 2018, in order to guarantee the principal and interest of a loan for D management funds from the Industrial Bank of Korea.

(2) The Plaintiff, while providing the above credit guarantee, agreed to pay the amount of the guaranteed obligation and the rate calculated by the Plaintiff’s Credit Guarantee Fund’s calculation method from the date of the performance of the guaranteed obligation to the date of repayment, damages calculated by the Plaintiff’s Credit Guarantee Fund, the rights acquired from the performance of the guaranteed obligation,

B. A credit guarantee accident and subrogation (1) Defendant A lost the benefit of the loan due to the occurrence of a credit guarantee accident on August 18, 2014 due to the report of closure of D’s business.

On November 21, 2014, the Plaintiff paid 63,714,929 won of the principal and interest of loans to the above bank, and paid 500,738 won to Defendant A’s property as expenses incurred in preserving claims.

(2) The interest rate in arrears determined by the Plaintiff pursuant to the credit guarantee agreement is 12% per annum from the date of subrogation until the date of payment.

C. On August 20, 2014, Defendant A’s transfer of ownership (1) sold all real estate shares listed in attached Table 1 to Defendant B at the price of KRW 66 million. Defendant A completed the entire transfer of ownership as the receipt of the Suwon District Court’s Registry on August 22, 2014.

(2) In addition, on May 28, 2014, Defendant A sold the real estate listed in attached Form 2 to Defendant C with the price of KRW 67 million as stated in attached Table 2, and completed the registration of ownership transfer with the Suwon District Court No. 16894, May 29, 2014.

(3) The above two real estate sales contracts are as follows: (a) each of the above two real estate sales contracts, and each of the above registrations of transfer (hereinafter “each of the above registrations of transfer”); (b) Defendant A owns active property at the time of each of the above sales contracts and the registration of transfer, which is equivalent to the market price of KRW 120 million, the Seoul Jongno-gu E 209, and on the other hand, the Plaintiff is a small property.

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