logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.09.22 2014나11230
구상금 등
Text

1. Of the judgment of the first instance, the part against the defendant, including the claim that was reduced by this court, is as follows.

Reasons

1. Facts of recognition;

A. (i) On July 8, 2010, the Plaintiff and A entered into a credit guarantee agreement with the Plaintiff and A as follows.

The guaranteed principal: From July 8, 2010 to July 7, 2011, the term of guarantee: (a) the loan is extended from July 8, 2010 to July 7, 2011: The National Bank of Korea (hereinafter “National Bank”) Co., Ltd. (hereinafter “National Bank”) at the time of credit guarantee; (b) the Plaintiff shall pay the Plaintiff the incidental debt, such as the subrogated payment, the legal procedure cost disbursed for the execution and preservation of the bond, the unpaid penalty, etc.

A was loaned KRW 27 million from the National Bank around that time.

Referencely, from May 31, 2013, A began to delay interest on loans to a national bank, and on July 15, 2013, he lost the interest on credit guarantee due to delinquency in principal.

Applicant on October 17, 2013, the Plaintiff repaid 27,588,117 won to the National Bank in subrogation of A.

It is clear that the legal procedure cost incurred by the plaintiff in order to secure the claim for indemnity amount is KRW 368,540, and the penalty is KRW 137,140,000,000,000,000,000,000,000

(see Evidence A 5).

B. On July 3, 2013, A, including the conclusion of the instant mortgage contract, concluded a mortgage agreement with the Defendant on the real estate indicated in the separate sheet owned by him (hereinafter “instant real estate”) with the maximum debt amount of KRW 36 million, the debtor A, and the defendant as the defendant. On the same day, A concluded a mortgage agreement with the Cheongju District Court No. 31120 to establish the mortgage registration on the same day.

C. On December 16, 2013, the Cheongju District Court rendered a voluntary decision to commence the auction of the instant real estate on the following grounds: (i) voluntary auction of the instant real estate; and (ii) Cheongju District Court.

(C) The instant real estate is the highest bidder at the auction procedure on July 29, 2014.

arrow