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(영문) 창원지방법원 2015.11.06 2015가단81276
구상금등
Text

1. Defendant A’s interest rate of KRW 14,209,960 and KRW 14,209,518 among the Plaintiff shall be from February 17, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 10, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A to provide a credit guarantee agreement with the term of September 10, 2017 for the repayment of the principal and interest of loan to be borne by Defendant A from a foreign exchange bank (hereinafter “instant credit guarantee agreement”). Defendant A received a loan from the foreign exchange bank under the Plaintiff’s credit guarantee agreement.

Under the credit guarantee agreement of this case, the interest rate for delay applied by the Plaintiff is 12% per annum.

B. On December 12, 2014, the Plaintiff’s subrogation caused a credit guarantee accident in arrears with the principal and interest. On February 17, 2015, the Plaintiff subrogated for KRW 14,727,58 to the foreign exchange bank.

On the other hand, the plaintiff collected 518,070 won from the defendant A to appropriate it for the principal of subrogation, and 442 won of finalized damages occurred.

C. Defendant B is the wife of Defendant A, and the Defendants owned 1/2 shares of the real estate listed in the separate sheet. Defendant A, the sole real estate owned by himself on July 17, 2014, donated 1/2 shares of the real estate listed in the separate sheet to Defendant B (hereinafter “instant gift contract”), and completed the registration of ownership transfer on July 21, 2015.

Attached Form

On December 9, 2011, the establishment registration was completed on the real estate recorded in the list with the mortgagee Samsung Fire Fire & Marine Insurance Co., Ltd., the maximum debt amount of KRW 219,600,000, and on July 21, 2014, the establishment registration was completed on the same day with the cancellation of the establishment registration, and the establishment registration was completed on July 21, 2014 with the establishment registration of a mortgage amount of KRW 312,00,000.

[Grounds for Recognition] The fact that there is no dispute (the defendant B is deemed to have been admitted), each entry in the evidence of Nos. 1 through 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts, according to the part of the claim for reimbursement against Defendant A, Defendant A shall claim for reimbursement of KRW 14,209,960 = subrogated payment of KRW 14.20 according to the Plaintiff’s claim for reimbursement.

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