(영문) 서울중앙지방법원 2016.06.10 2014나51670

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.06.10 2014나51670

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a co-defendant A of the first instance trial on May 31, 2013 (hereinafter “the deceased”).

The credit guarantee agreement was concluded between 22,950,00 won of the guaranteed principal and 22,950,000 won of the guaranteed principal, and from May 31, 2013 to May 30, 2014, and issued a written credit guarantee agreement (the foregoing credit guarantee agreement was concluded between 25,50,000 won of the guaranteed principal and June 5, 2007, and from June 5, 2007 to June 4, 2008, with the extension of the term of the first credit guarantee agreement as set forth in the first credit guarantee agreement as of June 4, 2008. The guaranteed principal was reduced to 22,950,000 won.

2) The above credit guarantee agreement states that, upon the Plaintiff’s performance of a guarantee agreement, the deceased shall pay the Plaintiff the guaranteed obligation performance amount and damages for delay (12% per annum), and all other expenses incurred by the Plaintiff. (2) The Deceased submitted the said credit guarantee agreement to the Korea Cmat Bank on May 31, 2013, and received loans of KRW 27,00,000.

3) After September 1, 2013, a guarantee accident occurred where the Deceased did not pay interest to the Korea C&T Bank. The Plaintiff subrogated for KRW 23,776,467 on February 24, 2014 at the request of the said Bank. Moreover, the Plaintiff paid expenses for the preservation of the claim for reimbursement of the instant amount, and the remainder of expenses as of the closing date of the pleadings is KRW 263,305. (B) The Defendant, who had traded goods from around 209 to the Deceased on May 31, 201, was supplied to the Deceased and the Defendant from around 2009, was finally 130,229,000 won to the Deceased, and was unable to receive KRW 23,391,190 from the Deceased until January 28, 2013, the Plaintiff filed an application for provisional attachment order against the Deceased for payment of KRW 301,301,000 with respect to the instant apartment property (hereinafter referred to as “the instant apartment property”).

2. The deceased shall postpone compulsory execution to the defendant.

유사 판례

-서울중앙지방법원 2014.09.22 2014가단5066805

-서울중앙지방법원 2014.12.19 2014나18505

-대구지방법원 2017.08.08 2016가단31180

-대구지방법원 2016.03.29 2015가단124498

-서울중앙지방법원 2018.04.05 2017가단5132635