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(영문) 서울서부지방법원 2016.10.21 2015가단224547
구상금
Text

1. As to KRW 95,489,360 among the Plaintiff and KRW 95,035,190 among the Plaintiff, Defendant A’s year from June 11, 2015 to June 14, 2016.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Probation: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

C. Reasons for partial dismissal: The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter “Promotion Act”) was promulgated on September 25, 2015 and enforced from October 1, 2015. From October 1, 2015, the statutory interest rate under the Promotion Act was 15% per annum. Thus, the interest rate under the Promotion Act was 15% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. Thus, the damages for delay in excess is recognized only as being calculated at the rate of 15% per annum, and the damages for delay is dismissed.

2. Claim against the defendant B

A. Basic facts 1) The Plaintiff entered into a credit guarantee agreement with Defendant A, with each of the following terms: (a) around February 201, 201; (b) around February 7, 201, with a corporate bank, a company bank, a guarantee amount of KRW 30 million; and (c) with a guarantee term changed to February 7, 201; (b) around February 201, with a loan-handling institution’s bank, a guarantee amount of KRW 63 million; and (c) with a guarantee term of KRW 63 million, on February 3, 2014 (amended to February 3, 2015), respectively (hereinafter referred to as “instant credit guarantee agreement”).

(3) The credit guarantee agreement of this case (hereinafter collectively referred to as the “written credit guarantee agreement of this case”) is referred to as the “written credit guarantee agreement of this case”).

(2) On February 3, 2015, Defendant A lost the benefit of time for a loan obligation secured by the instant credit guarantee agreement (i.e., a guarantee insurance accident under the instant credit guarantee agreement occurred on or around February 3, 2015), and the Plaintiff subrogated to an enterprise bank totaling KRW 95,035,190 on June 11, 2015.

3) Defendant A’s real estate listed in the separate sheet owned by the Defendant A (hereinafter “instant real estate”).

As to Defendant B, the right to collateral security (hereinafter “instant right to collateral security”) consisting of 60,000,000 of the maximum debt amount on November 4, 2014 between Defendant B and Defendant B (hereinafter “instant right to collateral security”).

Upon entering into a contract to establish a contract, the court shall enter into this court's jurisdiction on November 2014.

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