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(영문) 서울중앙지방법원 2015.02.06 2014가단5111460
구상금
Text

1. As to KRW 135,397,134 and KRW 133,421,957 among the Plaintiff, Defendant A shall be from February 26, 2014 to May 14, 2014.

Reasons

1. Facts of recognition;

A. (1) On June 22, 2005, the Plaintiff entered into a credit guarantee agreement with Defendant A with the credit guarantee principal of KRW 137,700,00,000, and the credit guarantee period from June 22, 2005 to June 22, 2006. Defendant A provided a loan from the Korea Cmat Bank on the same day as the Plaintiff issued by the Plaintiff’s credit guarantee certificate as security, but the Korea Cmat Bank notified the Plaintiff of the credit guarantee accident on October 21, 2013, on December 3, 2013.

(2) On February 26, 2014, the Plaintiff subrogated for the principal and interest of the loan obligation to the Korea C&T Bank in KRW 133,421,957.

As of the date of subrogation, the amount of indemnity against Defendant A is 135,397,134 won (=133,421,957 substitute payment of KRW 1,447,057 as substitute payment of KRW 1,447,057 as of the date of subrogated, and the rate of delay damages for the Plaintiff’s claim for indemnity is 12% per annum after the date of repayment.

B. The instant sales contract and Defendant A’s insolvent (1) entered into a sales contract (hereinafter “instant sales contract”) with Defendant B and C on May 15, 2013 with regard to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and completed the registration of ownership transfer as to each of the instant real estate shares of Defendant B and C on June 13, 2013 as the 52283 receipt on June 13, 2013 by the Cheongyang-gu District District Court, Dayang-gu, the Dayang-gu, the Dayang-gu, the Dayang-gu, the Dayang-do, the registration office of ownership transfer was completed, and on December 12, 2013, the Defendant B completed the registration of ownership transfer as to each of the instant real estate shares of Defendant D and E on December 11, 2013.

(2) On the other hand, at the time of the conclusion of the instant sales contract, Defendant A had real estate of this case as active property and 16 square meters of F. F.M. F. F. F. F.M. (C. 945,969,500) and G apartment of Yangcheon-gu Seoul, Yangcheon-gu (C. 1,300,000,000) and 703 (C. 1,807,968,828). The Korea C.C. (1,807,968,828), Songpo Agricultural Cooperatives (547,938,713), Samsung Card Co., Ltd. (7,134,461), and Plaintiff 129,600.

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