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(영문) 대구지방법원서부지원 2016.11.29 2015가단40078
구상금 등
Text

1. As to KRW 31,020,50, and KRW 30,851,924 among the Plaintiff, Defendant A’s year from September 23, 2015 to December 11, 2015.

Reasons

On December 24, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A and Defendant A on December 23, 2010 with regard to the amount of KRW 38,200,000,000,000,000,000,000,000,000,000,000,000 won, and later, the loan amount was changed on December 18, 2015.

According to the above credit guarantee agreement, when the plaintiff performs the guaranteed obligation, the defendant A shall pay to the plaintiff both the amount of performance and the amount of damage according to the interest rate determined by the plaintiff after the date of performance, and the legal procedure expenses. The amount of damages determined by the plaintiff is 12% per annum

On August 19, 2015, Defendant A paid KRW 30,851,924 in subrogation of the Defendant A on September 23, 2015, and the Plaintiff paid KRW 168,580 by subrogation of the Defendant at the Industrial Bank of Korea.

Meanwhile, Defendant A entered into a donation agreement with Defendant B, the wife on May 19, 2014 (hereinafter “instant donation agreement”) with respect to the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”), and completed the registration of ownership transfer as the receipt No. 64738 of receipt on May 10, 2014.

On May 20, 2014 following the donation contract of this case, the registration of creation of a new mortgage in the name of an enterprise bank, which was established on the instant real estate on May 20, 2014, was cancelled in total, with the maximum debt amount of KRW 132 million, and the registration of creation of a new mortgage in the name of the Daegu bank was completed.

In addition, on August 21, 2015, the registration of creation of a neighboring mortgage under the name of the Daegu Bank was cancelled, and the registration of creation of a neighboring mortgage under the name of the debtor B was completed in addition to the maximum debt amount of KRW 184 million and the debtor B.

As to the instant real estate, Defendant B entered into a mortgage agreement with Defendant C, the relative of September 4, 2015, which is the maximum debt amount of KRW 124 million, with respect to the instant real estate, and based on such agreement, the Seoggu District Court’s Branch Branch was the receipt on September 4, 2015.

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