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(영문) 서울중앙지방법원 2015.04.16 2014가단5065529
구상금 등 청구의 소
Text

1. As to KRW 32,277,232 and KRW 31,879,442 among the Plaintiff, Defendant A’s year from July 1, 2013 to March 28, 2014.

Reasons

1. Facts of recognition;

A. On May 24, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the principal amount of KRW 50,000,000, and the term of guarantee as of May 25, 2015. Defendant A submitted the said credit guarantee agreement and borrowed KRW 50,000,000 at our bank. (ii) Defendant A lost the benefit of the said loan due to delay in payment of principal on February 26, 2013.

3) On July 1, 2013, the Plaintiff paid the principal and interest of 31,879,442 won on behalf of the Plaintiff, and paid 397,790 won (the amount calculated by subtracting 9,570 won recovered from actual 407,360 won) as the expenses for preserving the claim. 4) Defendant A agreed to pay damages according to the interest rate determined by the Plaintiff on the amount discharged the guaranteed obligation. The interest rate determined by the Plaintiff is 15% per annum from the date of performance.

B. Defendant A’s disposal act entered into a sales contract with Defendant B on February 14, 2013 (hereinafter “instant sales contract”) with respect to the real estate, the sole property of which is the attached Form (hereinafter “instant real estate”), and the order No. 2-b of February 19, 2013.

As described in paragraph B, the registration of ownership transfer (hereinafter “instant ownership transfer”) was completed in Defendant B’s name.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6, Gap evidence 7-1 and 7-2, and the court's order of submission of taxation information on Gwangju City market, the purport of the whole pleadings

2. According to the above facts finding as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 32,277,232 won (the amount of subrogated payment of KRW 31,879,442 and the amount of subrogated payment of KRW 31,879,79,442) per annum from July 1, 2013, which is the date of subrogation, to March 28, 2014, which is the date of delivery of the written complaint of this case, 15% per annum from the date of delivery of the written complaint of this case until March 28, 2014, and 20% per annum from the next day to the date of full payment.

3. Determination as to the claim against the defendant B

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