logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.06.23 2013가단12895
구상금
Text

1. As to KRW 178,890,968 and the Plaintiff’s KRW 178,80,578 among them, Defendant A’s year from April 29, 2013 to June 30, 2013.

Reasons

Facts of recognition

Defendant A, while operating a gas station under the trade name of “C,” entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on March 20, 2013 with a guarantee term of KRW 180,000,000, and received a loan from a new bank as collateral for the credit guarantee certificate issued accordingly.

According to the above credit guarantee agreement, when the plaintiff fulfilled the guaranteed obligation, the defendant A is required to reimburse the amount of the guaranteed obligation and the amount of damages for delay calculated at the rate determined by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in preserving the rights acquired by the plaintiff, and the rate of damages for delay determined by the plaintiff is 12% per annum from December

Defendant A caused a credit guarantee accident in arrears with the loan principal to the new bank on March 26, 2013. The Plaintiff subrogated to the new bank on April 29, 2013 in total of KRW 177,881,669 and interest KRW 178,800,578 with the credit guarantee principal and interest KRW 918,909 with the payment of KRW 484,900 with the legal procedure expenses, and collected KRW 394,510 among them, and collected KRW 90,390 with the remainder of KRW 90,390.

On the other hand, between Defendant A and D on June 4, 2012 for the operation of the said gas station, the Defendant entered into a contract to establish a right to lease on a deposit basis, which is from June 5, 2012 to June 19, 2014, with regard to each of the real estate listed in the separate list owned by D, with regard to each of the real estate as indicated in D’s separate list. After completing the registration of establishment of a right to lease on a deposit basis (joint lease) on November 27, 2012, Defendant B and Defendant B entered into each of the aforementioned lease rights to lease on a deposit basis (hereinafter “each of the instant right to lease on a deposit basis”) with the maximum debt amount of KRW 50 million (hereinafter “each of the instant right to lease on a deposit basis”). On December 11, 2012, the registration of establishment of a right to lease on a deposit basis was completed.

At the time of entering into each of the instant mortgages, Defendant A, at the time of entering into each of the instant mortgages, KRW 50 million, market value of KRW 195 million, and KRW 116, 200,000,000,000,000,000,000 won.

arrow