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(영문) 대구지방법원안동지원 2015.07.15 2015가단20032
구상금
Text

1. As to KRW 27,794,656 and KRW 27,517,973 among the Plaintiff, Defendant A shall pay to the Plaintiff KRW 27,794,656 and KRW 27,517,973 from December 29, 2014 to January 19, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee and subrogation 1) On March 9, 2012, the Plaintiff set the guaranteed principal of KRW 27,000,000 with Defendant A as of March 8, 2013, and Defendant A’s permanent residence in the Industrial Bank of Korea (hereinafter “corporate bank”).

(A) The term of guarantee was extended by March 6, 2015 (hereinafter “instant credit guarantee agreement”). The term of guarantee was extended by March 6, 2015.

2) Defendant A operated the “C store” and Defendant A received a credit guarantee form issued by the Plaintiff under the instant credit guarantee agreement from an enterprise bank as collateral for a small and medium enterprise loan.

3) On July 2, 2014, Defendant A lost the benefit of a loan due to a default of national taxes, etc. against a corporate bank, and caused a guarantee accident. The Plaintiff, at the request of the corporate bank, subrogated to KRW 27,517,973 on December 29, 2014, and paid KRW 276,683 as expenses incurred in preserving the claim. 4) At the time of the credit guarantee agreement of this case, the Plaintiff and the Defendant A, and the Defendant A, without delay, agreed to pay damages for delay calculated by multiplying the amount of the Plaintiff’s performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the discharge of the guaranteed obligation, expenses incurred in the discharge of the guaranteed obligation, etc. by the rate determined by the Plaintiff from the date of full payment to the date of full

The rate of damages agreed on the amount of subrogation and damages determined by the Plaintiff is 12% per annum from December 29, 2014 to the present.

B. On May 27, 2014, two months prior to the date of the occurrence of the guarantee accident, Defendant A entered into a mortgage agreement with Defendant B, one’s own wife, as to the real estate listed in the separate sheet (hereinafter “instant real estate”) on May 27, 2014, and following day, Defendant A completed the registration of establishment of a mortgage with the Daegu District Court’s permanent registry office as of May 28, 2014 (the maximum debt amount of KRW 45,000,000, the maximum debt amount of KRW 45,000,000, and the Defendant B as the mortgagee.

(b) above.

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