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(영문) 서울북부지방법원 2016.03.31 2015가단134051
구상금
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1. As to KRW 45,504,688 and KRW 45,504,680 among the Plaintiff, Defendant A shall be from August 27, 2015 to September 15, 2015.

Reasons

1. Basic facts

A. On March 26, 2013, the Plaintiff and Defendant A agreed to provide a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with regard to the debt for small and medium enterprise loans of KRW 50,000,000,000, and the term of guarantee on March 25, 2014 (the final change to March 25, 2016) with Defendant A to obtain a loan from Defendant A bank (hereinafter “instant credit guarantee agreement”).

(2) At the time of the credit guarantee agreement of this case, Defendant A agreed to repay all the amount repaid to the Plaintiff as a performance of the guaranteed obligation under the credit guarantee agreement of this case and the damages for delay at the rate of 12% per annum as determined by the Plaintiff from the date of subrogation to the date of full payment.

3) Defendant A received a loan from an enterprise bank under the Plaintiff’s credit guarantee. On May 28, 2015, a credit guarantee accident occurred due to a loss of profit during a period. On August 27, 2015, the Plaintiff subrogated to the Industrial Bank of Korea of KRW 45,529,735 out of the principal and interest of loan pursuant to the instant credit guarantee agreement. Of them, repayment of KRW 25,055 as of August 27, 2015 remains with KRW 45,504,680 of the amount of subrogation as of August 27, 2015. (B) Defendant A traded an original sales transaction with Defendant APP (hereinafter “Defendant Company”) from April 2014 in its trade name, Defendant A demanded the Defendant Company to pay the principal and interest of the loan. Defendant A received KRW 35,504,680 from Defendant A’s company as of August 27, 2015.

2) Accordingly, on April 14, 2015, Defendant A’s real estate indicated in the separate sheet owned by the Defendant A (hereinafter “instant real estate”) to secure the payment of the outstanding payment between the Defendant Company and the Defendant Company.

A) As to the establishment registration of a mortgage of KRW 42,00,000 on the maximum debt amount, the Defendant Company entered into a mortgage agreement and the establishment registration of a mortgage of KRW 42,000 on the basis of the order (hereinafter

207.

(c) the defendant.

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