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(영문) 전주지방법원군산지원 2015.04.23 2014가합11590
구상금 및 사해행위취소
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 79,579,715 and KRW 79,394,550 among them, from July 29, 2014:

(b) Defendant A, or .

Reasons

1. Claims against the defendant A and B

A. Facts of recognition 1) The Plaintiff entered into a credit guarantee contract with Defendant A as listed below, and Defendant B jointly and severally guaranteed the obligation Nos. 2 and 3 as Defendant A’s table. 2) Defendant A lost the Plaintiff’s interest of the time limit for each of the above loans, thereby making the Plaintiff subrogated as follows, and partially recovered. (B) The Plaintiff recovered part of the expenses incurred in preserving the claim for indemnity due to subrogation, and the amount of expenses not recovered is KRW 184,809.

on the date of a guarantee agreement (won) The date of the subrogated repayment by the lending bank (2014.) the date of the subrogated repayment by the lending bank (2014.) the balance of the loan (won) due to delayed repayment damages (won) due to the determination of the amount of subrogated repayment; 1.95,000,000

7. Banks of 80,480,360 1,085,810 356 79,394,550 on December 27, 2010;

9. 23. 70,649,162 - 70,649,162 - 70,649, 1623 on December 27, 2010 " 108,476,272- 108,476,272- - 108,476,272 - - - 1,085,810 - 356 258,519,984 [Grounds for Recognition] No dispute, entry of evidence of subparagraphs A1 through 5, and the purport of the whole pleadings

B. If so, Defendant A is jointly and severally liable to pay to the Plaintiff the amount of KRW 79,579,715 (the balance of the loan Nos. 1 79,394,550 (the debt preservation cost of KRW 184,809) and the amount of KRW 79,394,550, which is the balance of the loan No. 1 of the table, from July 29, 2014; and Defendant A and B are jointly and severally liable to pay the amount of KRW 179,125,434 (the balance of the loan No. 2,33), and damages for delay as described in paragraph (1) of the same Article from September 23, 2014.

(B) Defendant B also sought 184,809 won for the preservation of claims, but this expense cannot be reflected as much as the amount was paid out of Nos. 1, 2, and 3 of the table. 2. Claim against Defendant C

A. The Plaintiff’s assertion that “A” was in excess of his/her obligation, but concluded a mortgage contract with Defendant C regarding the attached real estate and subsequently registered the establishment of a neighboring mortgage.

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