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(영문) 서울중앙지방법원 2015.06.16 2014가합503054
구상금
Text

A donation contract concluded between the Defendant and B on April 19, 2013 with respect to each real estate listed in the separate sheet on April 19, 2012,159.

Reasons

1. Basic facts

A. On September 21, 201, the Plaintiff entered into two credit guarantee agreements with C (hereinafter “C”) with the credit guarantee principal of KRW 90,000,00, and the credit guarantee period from September 21, 201 to September 20, 2012 (hereinafter “each of the instant credit guarantee agreements”). The representative director B and D of C jointly and severally guaranteed all the liability for indemnity, including the credit guarantee principal, interest, and expenses that C owes to the Plaintiff under each of the instant credit guarantee agreements.

B. C submitted a credit guarantee statement issued by the Plaintiff pursuant to each credit guarantee agreement of the instant case to a new bank, and entered into two loan agreements with the term of loan from September 21, 201 to September 20, 201, setting the amount of loan as KRW 100,000 (a general loan and a comprehensive passbook loan; hereinafter “each of the instant loan agreements”).

C. On September 13, 2012, the term of guarantee under each of the instant credit guarantee agreements with the Plaintiff was changed from September 20, 2012 to September 17, 2013, and thereafter, C extended the term of each of the instant loan agreements with the new bank and the instant loan agreement. In other words, on September 16, 2013, the term of credit guarantee was changed to September 17, 2014, and thereafter, the said term of loan was extended according to the said term of guarantee.

C on November 27, 2013, the interest under each of the instant loan agreements was overdue, and on December 9, 2013, the new bank notified the Plaintiff of the occurrence of the credit guarantee accident of C, and on December 16, 2013, the Plaintiff paid the Plaintiff totaling KRW 181,219,216 [the principal amount of the guarantee = KRW 90,00,000,000, KRW 553,463] (the principal amount of the guarantee) to the new bank by subrogationing C on December 16, 2013.

E. On December 20, 2013, the Plaintiff spent KRW 696,930 as the expense for preserving the claim for reimbursement, and recovered KRW 2,305,470 from C, and thereby, the Plaintiff additionally incurred KRW 757 as of January 15, 2014.

F. The Plaintiff’s interest rate on indemnity bonds was set at 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from the next day to the date.

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