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(영문) 서울중앙지방법원 2019.08.27 2018가단5126743
구상금 등
Text

1. As to KRW 161,893,359 and KRW 160,596,91 among the Plaintiff, Defendant A shall be from March 27, 2018 to July 2, 2018.

Reasons

1. Basic facts

A. On October 28, 2016, in order to secure the repayment of the principal and interest of corporate ordinary driving funds of KRW 190,00,000 that Defendant A would receive from C Bank (the original branch) (hereinafter referred to as the “credit guarantee agreement in this case”), the Plaintiff shall enter into a credit guarantee agreement with Defendant A (hereinafter referred to as the “credit guarantee agreement in this case”) under the terms of the amount guaranteed as KRW 161,50,000 (85%) and the term of guarantee as of October 27, 2017 (the extension to October 26, 2018).

After the conclusion of the credit guarantee agreement, Defendant A issued a credit guarantee certificate. (2) According to the credit guarantee agreement of this case, when the Plaintiff subrogated for a guaranteed obligation to C Bank pursuant to the credit guarantee agreement of this case, the amount of the subrogation and the damages for delay, attempted penalty, and legal procedure costs determined by the Plaintiff from the date of subrogation to the date of full payment of the amount of the subrogated payment. However, the interest rate for delay determined by the Plaintiff is 10% per annum.

B. The occurrence of a credit guarantee accident and subrogation (1) Defendant A obtained a loan of KRW 190,00,00 from C Bank as collateral on October 28, 2016. On or around December 29, 2017, the occurrence of a guarantee accident caused by natural disasters to lose the benefit due to the above loan obligations. Under the credit guarantee agreement of this case, the Plaintiff subrogated to C Bank for KRW 162,266,611 on March 27, 2018, and appropriated the amount of KRW 1,69,620 on the same day to partially repay the subrogated amount (i.e., KRW 160,591 (i., KRW 162,266,11-1,669, KRW 620). The amount of subrogated amount was KRW 160,591, KRW 1605, KRW 2965, KRW 196565, KRW 2965, KRW 16965, KRW 29656165).6565.65

C. Defendant A’s disposal of each real estate listed in the separate sheet of Defendant A on September 20, 2017.

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