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(영문) 인천지방법원 2020.05.20 2019가단272311
추심금 등 청구의 소
Text

1. Defendant A shall deliver to Defendant B the real estate listed in the separate sheet.

2. Defendant B shall list the attached list from Defendant A.

Reasons

1. Facts of recognition;

A. On December 29, 2017, Defendant A determined that the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B was leased KRW 130,00,000, KRW 600,000 monthly rent, and KRW 120,000 from January 1, 2018 to December 31, 2018 (12 months) (hereinafter “instant lease agreement”), and thereafter, Defendant A acquired and occupied the instant real estate after paying the said lease deposit to Defendant B.

B. The Plaintiff entered into a credit guarantee agreement with C on March 29, 2018, and Defendant A jointly and severally guaranteed the obligation of C under the said credit guarantee agreement. On the same day, C submitted the Plaintiff’s credit guarantee agreement to obtain a loan of KRW 100,000,000 from the Industrial Bank of Korea.

C. C, on April 30, 2019, lost the benefit of the time limit for the obligation of the above loan due to delay in interest, the Plaintiff’s claim for the advance indemnity under the above credit guarantee agreement, which Defendant A had against the Defendant B, provisionally seized KRW 100,00,000, out of the lease deposit claim under the instant lease agreement held against Defendant B (Seoul District Court 2019Kadan102307, Busan District Court 2010, Jun. 28, 2019). The provisional attachment order was served on Defendant B on June 28, 2019.

On July 24, 2019, the Plaintiff subrogated to the Industrial Bank of Korea for the amount of KRW 100,604,868 of C’s loans to the Bank, and applied for the payment order against C and the Defendant A seeking reimbursement of the amount of indemnity as Seoul Southern District Court Decision 2019 tea147039.

On July 30, 2019, the above court ordered the Plaintiff to pay “Defendant A and C shall jointly and severally pay to the Plaintiff 100,244,193 won and 99,928,158 won among them, with 10% per annum from July 24, 2019 to the last service date of the original copy of the instant payment order, and 12% per annum from the following day to the day of full payment.” The above original copy of the payment order shall be Defendant on September 25, 2019.

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