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(영문) 서울중앙지방법원 2019.07.23 2018가단5132106
구상금 등 청구의 소
Text

1. As to KRW 95,836,368 and KRW 95,836,339 among the Plaintiff, Defendant A shall be from May 25, 2018 to August 25, 2018.

Reasons

1. Basic facts

A. (1) On January 19, 2017, the Plaintiff entered into a credit guarantee agreement and changed the guarantee period into January 19, 2018 (the guarantee period thereafter was changed to January 18, 2019).

(iii) the credit guarantee agreement up to the credit guarantee agreement (hereinafter referred to as “the credit guarantee agreement of this case”)

(2) According to the credit guarantee agreement of this case, Defendant A provided a credit guarantee certificate issued by the Plaintiff as collateral and borrowed KRW 100,000,000 from the Industrial Bank of Korea. (2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation pursuant to the credit guarantee agreement of this case, the principal debtor and the joint guarantor agreed to pay to the Plaintiff the amount of the guaranteed obligation and the amount of the damages determined by the Plaintiff from the date of repayment to the date of repayment.

B. The occurrence of a credit guarantee accident and the occurrence of a credit guarantee accident by subrogation against the Industrial Bank of Korea on March 20, 2018, caused a credit guarantee accident by losing the benefit of time due to loans to the Industrial Bank of Korea. The Plaintiff subrogated to the Industrial Bank of Korea on May 25, 2018 in accordance with the instant credit guarantee agreement, and collected KRW 108,590 among those subrogated, and damages for delay incurred with respect to recovered subrogation are KRW 29.

C. The Defendants’ relationship and ownership transfer 1) completed the marriage report on June 16, 200 and completed the marriage life. The Defendants completed the marriage report on July 10, 2018 after obtaining the confirmation of the intention of divorce by agreement with the Suwon District Court 2018No. 306, Suwon District Court. (2) The Defendants registered the ownership transfer on June 29, 2012 each of 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant apartment”) on the grounds of sale.

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