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(영문) 서울중앙지방법원 2014.01.21 2012가단5086560
구상금
Text

1. As to KRW 42,078,402 and KRW 41,606,126 among the Plaintiff, Defendant A’s year from March 22, 2012 to September 5, 2012.

Reasons

1. The following facts are deemed to have been led by Defendant A pursuant to Article 150 of the Civil Procedure Act among the Plaintiff and the Defendant A, and the following facts may be acknowledged in full view of the purport of the entire pleadings, either the parties to the dispute between the Plaintiff and the Defendant B, or the overall purport of the arguments between the Plaintiff and the Defendant A, either the evidence of subparagraphs A and B, and the evidence of Nos. 1 through 6 (including the

On October 25, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A to the effect that the credit guarantee amount is KRW 45,00,000,00 and the term of guarantee is October 24, 201, and issued a credit guarantee certificate to Defendant A. According to the said credit guarantee agreement, Defendant A may repay the guarantee fee and damages for delay calculated according to the method and rate determined by the Plaintiff in addition to the amount subrogated by the Plaintiff, and all incidental obligations, such as premium and legal procedure expenses paid by the Plaintiff, and the damages for delay determined by the Plaintiff is 15% per annum.

B. Defendant A was granted a loan of KRW 50,000,000 from the National Bank of Korea with a credit guarantee certificate issued as above as security.

C. After that, according to the agreement between the Plaintiff and Defendant A, the principal of the guarantee under the said credit guarantee agreement was changed to KRW 40,500,000, and the term of the guarantee was changed to January 20, 2012.

On January 26, 2012, Defendant A was subject to a disposition of suspension of transaction following the default on the payment of the current account, and a credit guarantee accident occurred, Defendant A filed a claim for payment of credit guarantee with the Plaintiff. On March 22, 2012, the Plaintiff paid a total of KRW 41,606,126 to the National Bank of Korea (=the principal amount of KRW 40,50,000 interest of KRW 738,796,330) by subrogation of the Defendant under the credit guarantee agreement, and the substitute payment is KRW 354,216, and the penalty for attempted penalty is KRW 118,060.

E. Meanwhile, Defendant A borrowed KRW 20,000,000 from Defendant B on January 9, 2012, and KRW 11,000,000 on January 16, 2012, respectively, and concluded the instant mortgage contract with Defendant A on January 31, 2012 regarding the instant land owned by Defendant A.

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