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(영문) 서울중앙지방법원 2018.08.09 2018가단5046519
구상금
Text

1. Defendant A’s KRW 173,839,473 and KRW 172,448,931 among them shall be 10% per annum from February 28, 2018 to May 5, 2018.

Reasons

1. Facts of recognition;

A. On November 25, 2016, the Plaintiff entered into the instant credit guarantee agreement between Defendant A and Defendant C bank with the guarantee principal at KRW 170,00,000, with respect to the debt obligations against Defendant C bank, and entered into a credit guarantee agreement between November 25, 2016 and November 24, 2017, with the guarantee period at KRW 170,000,000.

According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation to the Cbank, the Defendant A paid the amount of subrogation to the Plaintiff and the damages for delay calculated at the interest rate as determined by the Plaintiff, penalty, expenses incurred in the enforcement or preservation of the Plaintiff’s rights.

B. Under the above credit guarantee agreement, Defendant A was loaned KRW 200,000,000 from C Bank under the pretext of corporate general financing loans.

C. However, since the closure of Defendant A’s operation, the occurrence of a credit guarantee accident on November 24, 2017, and the Plaintiff subrogated for KRW 172,448,931 to C Bank on February 28, 2018.

As such, the penalty to be paid by Defendant A to the Plaintiff upon the performance of the guaranteed obligation is KRW 973,420, the legal procedure cost is KRW 417,122, and the rate of delay damages determined by the Plaintiff is 10% per annum from February 1, 2016.

On the other hand, Defendant A borrowed KRW 65,00,000 on February 20, 2017 from Defendant B, his her her her fcar, and KRW 40,000,00 on March 3, 2017, and completed the registration of the right to claim ownership transfer on May 25, 2017 with respect to each of the real estate listed in the separate sheet, which is the only property of Defendant B, in order to secure the above flag’s obligation, on March 3, 2017.

(2) Defendant B: (a) The aforementioned real estate was each of the instant real estate; and (b) the pre-sale reservation was made; (c) the pre-sale reservation was made; (d) Defendant B had no dispute with Defendant A: Evidence Nos. 10 to 10; and (e) the purport of the entire pleadings.

2. According to the facts of the above recognition of the claim portion against Defendant A, Defendant A shall pay the Plaintiff the amount of 173,839,473 subrogated in KRW 172,448.

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