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(영문) 부산지방법원 2017.05.16 2016가단325020
구상금 등 청구의 소
Text

1. As to KRW 20,964,332 and KRW 20,389,212 among the Plaintiff, Defendant A and B jointly and severally filed with the Plaintiff, Defendant A and B, from June 3, 2016 to December 2016.

Reasons

1. Basic facts

A. On November 20, 2013, according to Defendant A’s request for guarantee, the Plaintiff entered into a credit guarantee agreement with Defendant A as to the obligation to repay the principal and interest of loan, which Defendant A received from the Busan Bank, as the guaranteed principal amount of KRW 20,00,000, general loan of the loan, general loan of the loan, and the term of guarantee on November 20, 2014 (which extended the term of guarantee by November 18, 2016), and Defendant B jointly and severally guaranteed the indemnity obligation to be borne by the Plaintiff pursuant to the said credit guarantee agreement.

B. According to the above credit guarantee agreement, when the plaintiff fulfilled the guaranteed obligation, the plaintiff can claim the amount of the guaranteed obligation and the amount of damages for delay and the amount of damages for delay at the rate determined by the plaintiff from the date of full payment of the guaranteed obligation to the date of full payment, and the rate of damages for delay determined by the plaintiff

C. Defendant A was granted a loan from the Busan Bank in accordance with the above Plaintiff’s credit guarantee, but a credit guarantee accident which lost the interest on the loan on January 21, 2016 due to business difficulties after which the payment of the loan was delayed. On June 3, 2016, the Plaintiff subrogated to the Busan Bank for KRW 20,00,000, the agreed interest on the loan of Defendant A, and KRW 389,212, and the agreed interest on the loan of KRW 20,389,212, and the Plaintiff is KRW 575,120.

On March 30, 2016, Defendant B entered into a mortgage agreement with Defendant C, which became the maximum debt amount of KRW 50,000,000, and the debtor B and the mortgagee C (hereinafter “mortgage agreement”). On the same day, Defendant C had completed the registration of creation of mortgage on the same day.

E. On April 22, 2016, the auction procedure for the instant real estate was initiated to Busan District Court D, and on September 23, 2016, the instant real estate was sold to KRW 218,980,000, and was distributed on November 22, 2016.

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