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(영문) 부산지방법원 2019.02.20 2017가단302499
구상금
Text

1. Defendant A’s year from May 17, 2016 to January 31, 2017, with respect to KRW 98,161,034 and KRW 98,159,897 among the Plaintiff.

Reasons

1. Facts of recognition;

(a) Conclusion of a credit guarantee agreement, and a guarantee accident and subrogation;

(1) In order to secure the payment of principal and interest of loans from the Industrial Bank of Korea, Defendant A entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Plaintiff on October 29, 2013, stipulating that the amount of the principal and interest of the guarantee shall be KRW 100,000,000, and the term of the guarantee shall be extended to October 29, 2014 (which was changed to October 28, 2016). If the said Defendant delayed the repayment of the said loan and the Plaintiff fulfilled the said guarantee obligation, Defendant A agreed to pay the amount of the subrogated payment and damages for delay at the interest rate determined by the Plaintiff from the date of the subrogated payment to the date of the full repayment.

d. Defendant A delayed payment of principal and interest on March 28, 2016 and caused a credit guarantee accident. The Plaintiff subrogated for KRW 98,317,226 to the Industrial Bank of Korea on May 17, 2016 pursuant to the said guarantee agreement.

The Plaintiff collected 135,180 won for unpaid guarantee fees on the same day, and 22,149 won for service fees and stamp refund 22,149 on November 4, 2016, and appropriated them for partial repayment. As such, the remainder of the subrogated payment due to the above guarantee is KRW 98,159,897.

Secondly, the rate of arrears determined by the Plaintiff is 10% per annum from February 1, 2016 to the date, and the amount of damages determined from the subrogation for the amount collected to the date of recovery is 1,137 won per annum.

B. Property status of Defendant A, repayment of debts provisionally seized, details of transfer of ownership registration, etc.

(1) Meanwhile, on July 12, 2016, Defendant A transferred the ownership to Defendant E and F (C) on July 6, 2016, based on the sale and purchase (hereinafter “instant sales contract”) of Busan Shipping Daegu G Apartment H, the sole property of Defendant A (hereinafter “instant apartment”) on July 12, 2016, and the registration of ownership transfer to Defendant E and F (C) on July 6, 2016, based on the Busan District Court’s receipt of support from the Busan District Court, as Defendant E and F (C)’s receipt of support.

d. Defendant A, on July 9, 2013, is the Small and Medium Business Corporation (hereinafter “Defendant Corporation”).

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