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(영문) 서울중앙지방법원 2017.05.25 2015가단5231873
구상금
Text

1. The Defendant: (a) within the scope of the property inherited from the deceased B; (b) KRW 45,262,733 to the Plaintiff; and (c) on the part of the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) Around February 19, 2013, the Plaintiff was liable for guarantee with respect to the amount borrowed by B from the Korean bank and the Korean national bank. However, the Plaintiff entered into a credit guarantee agreement between B and B to pay, on behalf of B, the legal procedure, such as the Plaintiff’s subrogated amount, damages in accordance with the interest rate determined by taking account of the financial institution’s overdue loan interest rate, expenses incurred in preserving rights, late payment charges, etc. (2) On February 19, 2013, the Plaintiff received a loan from B as a credit guarantee agreement with respect to the principal and interest of KRW 30,000,000,000, and the guarantee period of KRW 30,000,000, and KRW 300,000,000, from the Korean bank as collateral under the said credit guarantee agreement. B obtained a loan from the Korean bank on February 19, 2013 as a general bond of KRW 30,000,00 (hereinafter referred to as “general”).

In addition, on March 20, 2014, the Plaintiff issued a credit guarantee certificate with a maturity of KRW 20,000,000 as to the principal and interest of KRW 20,000,00 for a corporate ordinary loan borrowed from a national bank (hereinafter referred to as “second loan”) pursuant to the said credit guarantee agreement, and on March 20, 2018, B obtained the said guarantee certificate from the national bank as collateral and obtained a loan of KRW 20,00,000 for corporate ordinary driving fund (hereinafter referred to as “second loan”).

3) B, on August 26, 2014, lost the benefit of the time due to failure to repay the debts of the above 1,2014. On October 21, 2014, the Plaintiff: (a) paid the principal and interest of the loan of 25,990,764 won to our bank by paying the principal and interest of the loan of 25,99,764 won due to the first loan; and (b) collected 372,190 won on October 21, 2014 and appropriated the subrogated amount for the partial repayment of the payment by subrogation; (c) the remainder of the subrogated amount of 25,618,574 won (25,90,764 won - 372,190 won; and (d) on the other hand, the Plaintiff paid the principal and interest of the loan of 20,096,029 won to Korean bank.

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