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(영문) 대구지방법원서부지원 2015.10.13 2014가단20602
구상금
Text

1. For individual rehabilitation claims against Defendant A, the Plaintiff’s individual rehabilitation claims shall be KRW 51,327,832 and KRW 50,660,495, respectively.

Reasons

Basic Facts

On May 29, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) between Defendant A and Defendant A, who runs a mobile phone sales business with the trade name of “C”) on May 28, 2013 (the period of guarantee changed to May 28, 2014), and on May 28, 2013, the amount of guarantee deposit of KRW 50 million (hereinafter “the credit guarantee agreement of this case”). Defendant A borrowed KRW 50 million from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) as collateral.

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

A around March 11, 2014, the Plaintiff caused a credit guarantee accident in arrears with the principal and interest of the loan to the Nonghyup Bank. Accordingly, on May 12, 2014, the Plaintiff subrogated to the Nonghyup Bank for KRW 50,660,495 in total of KRW 560,000 and interest KRW 660,495 in accordance with the credit guarantee agreement in this case, and subsequently paid KRW 667,337 in legal procedure expenses.

Meanwhile, on November 10, 2013, Defendant A entered into a contract with Defendant B to sell real estate listed in the separate sheet owned by Defendant B (hereinafter “instant apartment”) at the price of KRW 260 million (hereinafter “instant sales contract”) with Defendant B, and completed the registration of transfer of ownership as of January 15, 2014 by Seoggu District Court Branch Branch Decision No. 6223.

On December 23, 201, the apartment building of this case was registered with Defendant A and the National Agricultural Cooperative Federation of Korea on the basis of the maximum debt amount of KRW 36 million on December 23, 201, and with the maximum debt amount of KRW 110,176 million on January 11, 201, respectively, and the establishment registration of a mortgage was completed on the apartment of this case. In addition, the apartment was revoked on February 6, 201, and the maximum debt amount of KRW 150,000,000 and the debtor was the debtor.

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