logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.09 2016가단133635
구상금
Text

1. Defendant A and C jointly and severally with the Plaintiff as to KRW 233,64,093 and KRW 232,328,932 among them.

Reasons

1. Basic facts

A. On October 15, 2012, the Plaintiff entered into a credit guarantee agreement, the occurrence of a credit guarantee accident, and the subrogation (1) shall be a company C (hereinafter referred to as “C”) with the term “C (hereinafter referred to as the “C”) on October 14, 2013, setting the loan of general loan of the subject of loan, the amount of guarantee of KRW 255 million, and the term of guarantee of KRW 14, 2013.

(2) According to the aforementioned credit guarantee agreement between the Plaintiff and C, C agreed to pay the Plaintiff the amount of subrogated payment, delayed damages, penalty, substitute payments, guarantee fees, and other fees prescribed in the Credit Guarantee Fund Act.

3) However, on October 15, 2016, C had a credit guarantee accident in arrears with the above loan obligation. Accordingly, on December 22, 2016, the Plaintiff subrogated for KRW 232,328,932 to the Daegu Bank on behalf of December 22, 2016. (4) Meanwhile, the rate of damages prescribed in Article 35 of the Credit Guarantee Fund Act is 10% per annum from February 1, 2016, and the penalty was 812,360 due to C’s breach of the above agreement, and the Plaintiff remains 502,801 won out of the amount paid by the Plaintiff to the legal procedure for collecting the claim for indemnity.

B. On August 20, 2016, Defendant A’s real estate sales contract and ownership transfer registration, and cancellation of the registration of establishment of senior mortgage registration, etc., Defendant A and his wife D shall be the real estate indicated in the separate sheet in which they shared with Defendant B on August 20, 2016 (hereinafter “instant real estate”).

2) As to the sales price, the sales contract is set at KRW 630 million (hereinafter “instant sales contract”).

After the conclusion of the contract, the Daegu District Court completed the registration of transfer of ownership by reason of sale on August 20, 2016, as the receipt No. 152797, Sept. 22, 2016, Defendant B, as the above, purchased the instant real estate from the Plaintiff and completed the registration of transfer of ownership in the future, and thereafter, on September 22, 2016, the Daegu District Court registered the Daegu District Court on September 16, 2014.

arrow