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(영문) 대전지방법원 2016.10.27 2016가단205523
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

(1) The Plaintiff’s credit guarantee of KRW 49,300,000 of the guaranteed principal on August 16, 199 (hereinafter “instant credit guarantee”).

(2) A credit guarantee of KRW 42,500,000 of the guaranteed principal on July 27, 2000 (hereinafter “the instant credit guarantee”) is the instant 2 credit guarantee.

(2) Around August 16, 1998, the Defendant borrowed KRW 58 million from Korea-U.S. bank according to the instant credit guarantee agreement and borrowed KRW 50 million from Korea-U.S. bank according to the instant credit guarantee agreement around July 27, 200 pursuant to the instant credit guarantee agreement, when the Plaintiff subrogated for the loan obligation of KRW 2,00,000,000 from Korea-U.S. bank.

3) On December 1, 2002, the Defendant lost the benefit of each of the above loans. Upon the Plaintiff’s subrogation request by each of the above banks, the Plaintiff paid each of the above loans to Hanmi Bank on April 14, 2003, ② to Hanmi Bank on May 14, 2003, ② to Hanmi Bank on May 14, 2003, and ② to Eul on 21386, Daejeon District Court Decision 2008Gadan21386, and on October 1, 2008, the Plaintiff filed a suit for indemnity claim against the Plaintiff on October 1, 2008, “B” (50,338,964 won in balance of the first credit guarantee amount of the above credit guarantee, KRW 43,50,824 won in subrogation, KRW 250,500, KRW 280 in subrogation, KRW 5039,384 in subrogation, and KRW 2084 in subrogation, and KRW 208384.20 (1).2).

5 The Plaintiff recovered KRW 26,152,650 out of the amount of the 1st credit guarantee payment in this case after the final and conclusive judgment, and the agreed delay damages during the collection period for the said amount are KRW 49,136,308.

On March 27, 2006, the defendant, who is the wife B of the defendant's real estate acquisition, has D apartment 52 from Daejeon Jung-gu.

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