logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.07.18 2018가단218271
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 182,725,563 and KRW 181,75,792 among the Defendants.

Reasons

1. Facts of recognition;

A. On May 13, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A with a view to setting the term of guarantee as until May 30, 2017 with respect to KRW 180,000,000, out of the house lease loans that the said Defendant received from C Bank, and issued a credit guarantee agreement to the said Plaintiff (hereinafter “the instant credit guarantee agreement”), and to the Defendant A.

B. On May 28, 2014, Defendant A obtained a loan of KRW 200 million from C Bank as security.

C. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant A paid the amount of subrogation and the amount of delay compensation calculated by the Plaintiff’s prescribed rate (8% per annum from September 27, 2017, the day following the date of the instant subrogation), the legal procedure costs incurred by the Plaintiff to execute or preserve the relevant right by performing the guaranteed obligation, and additional guarantee fees for the amount not performed among the guaranteed obligation.

As Defendant A had a credit accident in arrears with the repayment of principal of the loan to C Bank, the Plaintiff subrogated to C Bank 181,77,980 won on September 25, 2017 in accordance with the credit guarantee agreement of this case.

On the other hand, on February 6, 2018, Defendant A repaid KRW 22,188 to the Plaintiff. The amount of final damages is KRW 651, the legal procedure expenses that the Plaintiff had paid for the preservation of the claim for reimbursement, the amount of KRW 776,100, and the amount of additional guarantee fees for Defendant A’s failure to pay under the credit guarantee agreement of this case is KRW 193,020.

E. The Defendants lived together with the leased money borrowed by Defendant A as a collateral for the Plaintiff’s credit guarantee between husband and wife.

[Ground of Recognition] Defendant A: A without dispute, each entry in Gap evidence 1 through 7 (including each number), and the purport of the whole pleading as to the whole, Defendant B: Judgment by deeming confession

2. According to the above facts of recognition, Defendant A’s liability for indemnity against the Plaintiff is on daily home affairs.

arrow