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(영문) 부산지방법원 2019.11.28 2018가단332893
구상금
Text

1. As to KRW 27,697,454 and KRW 27,364,864 among them, Defendant A’s year from September 20, 2018 to September 30, 2018.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against Defendant A 1) Defendant A is between the Plaintiff and the Plaintiff on June 13, 2016, and Defendant A Co., Ltd. (hereinafter “C Bank”).

In obtaining a loan from a party, the term of guarantee was extended on June 9, 2017 (after this, on June 8, 2018) with respect to the repayment obligation of the loan.

(3) A credit guarantee agreement setting forth the guaranteed amount as KRW 29,750,000 (hereinafter “instant agreement”).

(2) Defendant A submitted a credit guarantee statement under the instant agreement on June 13, 2016, and received a loan by setting the loan term of KRW 35,00,000 (hereinafter “instant loan”) from C Bank until June 8, 2018.

3) Around May 10, 2018, C Bank notified the Plaintiff of a credit guarantee accident: (a) on April 14, 2018, that “the occurrence of a guarantee accident (hereinafter “the instant guarantee accident”) occurred due to the failure to pay the interest of the instant loan on April 14, 2018.” (b) pursuant to the instant agreement, the Plaintiff subrogated the Plaintiff for payment of the total amount of the principal and interest of C Bank KRW 27,364,864 (=the principal amount of KRW 26,75,00) to C Bank on September 20, 2018.

5) The Plaintiff spent 219,260 won as the legal procedure cost due to the foregoing guarantee accident, subrogation, etc., and the additional guarantee fee that Defendant A ought to pay to the Plaintiff is KRW 113,30. Meanwhile, the Plaintiff’s rate of delay damages applied to the credit guarantee agreement was 12% per annum, and was changed from October 1, 2018 to 10% per annum. (b) Defendant A sales contract between the Defendants was based on each real estate listed in the separate sheet (hereinafter “instant real estate”).

As to the sales contract, around December 1, 2017, with Defendant B, his mother, KRW 190,000,000 (hereinafter “instant sales contract”).

B. Around December 12, 2017, Defendant B completed the registration of ownership transfer based on the instant sales contract.

C. At the time of the conclusion of the instant sales contract, the instant real estate was the only property of Defendant A.

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