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(영문) 부산지방법원 2017.06.22 2016가단315061
구상금
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff KRW 73,94,359 and KRW 65,959,853 out of their amount, from May 5, 2017 to May 9, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for indemnity against Defendant A and B is the representative of “D”, and the Defendant B is the husband of the Defendant A. (2) The Plaintiff entered into a credit guarantee agreement with the Defendant, setting the amount of security deposit at KRW 40 million on September 22, 2009, and entered into a credit guarantee agreement with the amount of security deposit at KRW 23.2 million on July 12, 2010.

Defendant B jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff in accordance with the aforementioned credit guarantee agreement.

3) Defendant A submitted to the Industrial Bank of Korea with a credit guarantee certificate issued by the Plaintiff and borrowed KRW 50 million around September 22, 2009, and borrowed KRW 29 million around July 12, 2010. However, on July 11, 2015, Defendant A caused a credit guarantee accident with the principal due to a sales failure. 4) The Plaintiff subrogated the Industrial Bank of Korea for KRW 65,959,853 on March 22, 2016.

5) The agreed interest rate for delay stipulated in each credit guarantee agreement is 10% per annum, and damages for delay incurred from March 22, 2016 to May 4, 2017 are 7,391,116 won, and penalties for delay is 643,390 won. (b) Defendant A and Defendant C entered in a mortgage contract and sales contract between Defendant A and Defendant C. (hereinafter “instant real estate”) completed the registration of ownership transfer with respect to the real estate listed in the separate sheet on October 31, 2012 (hereinafter “instant real estate”). On December 3, 2013, Defendant A completed the registration of establishment of a mortgage on the maximum debt amount of 240,310 million won in the International Savings Bank (hereinafter “International Savings Bank”).

2) On April 13, 2015, Defendant A entered into a mortgage agreement with Defendant C on the instant real estate, which is the only real estate between Defendant C, and completed the registration of establishment of a mortgage on April 20, 2015, which is the cause of maximum debt amount of KRW 50 million as stated in the Disposition No. 2-B (hereinafter referred to as “instant mortgage agreement”), and the registration of establishment of a mortgage on the instant real estate is deemed as the “registration of establishment of a mortgage of this case.”

(3) Defendant A raises objection between Defendant C on August 6, 2015.

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