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(영문) 부산지방법원 2017.10.25 2015가합48149
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Nonparty B’s credit guarantee agreement, etc. 1) The Plaintiff guaranteed each credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the content that the Plaintiff guarantees the obligation for loans to the SC Japan Bank and Busan Bank as shown in the table set forth below with Nonparty B, who operated C.

On September 28, 2010, September 28, 2010, 1D 85,000,000 of the term of guarantee extended on the date of guarantee guarantee (hereinafter referred to as the "guarantee No. 1D 85,000,000), the Plaintiff obtained a credit guarantee agreement from the Busan Bank on May 27, 2015, on May 28, 2015, with the general loan No. 3F 85,000,000,000 on May 26, 2010, from the ordinary loan No. 4 G 95,000,000,000,000 from May 26, 2007, the Plaintiff received the loan No. 230,000, B2,0000 from the Busan Bank on March 4, 2009, respectively, as the credit guarantee agreement as follows.

Serial Nos. 1 D 85,000,000 SC Bank on September 29, 2006: 100,000,000 2 E 630,000,000 Busan Bank on July 26, 2007, 200 Busan Bank on July 26, 2007, 85,000,000 Busan Bank on June 1, 2007, 10,000 Busan Bank on April 95, 00,000,000 Busan Bank on April 1, 200, 200 Busan Bank on March 5, 2009

B. (1) The Plaintiff: (a) due to the occurrence of a credit guarantee accident, subrogation, etc.; (b) on July 28, 2010, from July 28, 2010 to August 5, 2010, the Plaintiff paid KRW 590,397.415 in subrogation of B; and (c) recovered KRW 112,283,766 from B; and (d) the Plaintiff filed a lawsuit against B seeking payment of KRW 478,113,649 in subrogation of Seoul Western District Court Decision 201Da68886, as Seoul Western District Court Decision 201Na6886, the amount of unpaid subrogation of KRW 478,113,649 in subrogation of B and the amount of outstanding delay damages; and (e) obtained a favorable judgment, which became final and conclusive on February 16, 2012.

After the judgment became final and conclusive, the Plaintiff spent KRW 1,807,428 at the legal procedure cost.

C. The Defendant’s acquisition of each real estate listed in the separate sheet No. 2, and B, as stated in the separate sheet No. 2 (hereinafter “each of the instant real estate”).

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