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(영문) 서울중앙지방법원 2018.12.19 2018나30701
구상금 등
Text

1. The judgment of the court of first instance is modified as follows.

With respect to the real estate indicated in the attached list between the defendant and B.

Reasons

1. The reasons for this part of the facts of recognition are as follows: (a) the part of the first instance judgment’s “341,560 won” is dismissed as “341,506 won”; (b) the part of the first instance judgment’s “341,506 won”; and (c) the part of the first instance judgment’s “E. Defendant lent KRW 100,000 to B on April 30, 2015, and (e) was agreed to receive interest of KRW 12% per annum from B on the 15th day of each month without the due date (i.e., notification to B before the month when the Defendant needs to be made); and (c) the part of the first instance judgment’s 5th day of the first instance judgment is without dispute; (d) the part of the first instance judgment’s 5th day of the first instance judgment is written as “341,506 won”; and (e) the purport of the entire pleadings except in the case of separately indicating it.”

2. According to the facts of the recognition of the Plaintiff’s claim for reimbursement against B, the Plaintiff subrogated for the 1,2, and3 loans to Cbank on October 25, 2017 pursuant to a guarantee agreement with B, and the Plaintiff recognized the amount of reimbursement 271,91,948 won (i.e., the 90,440,856 additional guarantee fees for the 1,403,150 won additional loan (i.e., the 245 won additional guarantee fees for the 2,832,583 won additional loan, 501,040 won additional guarantee fees for the 2,040 won additional loan, 501,040 won, 89,92,333 won additional guarantee fees for the 3rd loan, 469,720 won additional guarantee fees for the 469,720 won additional guarantee fees for the 3rd loan, 2541,565 won, and damages for delay).

3. The occurrence of obligee's right of revocation;

A. The existence of the preserved claim should, in principle, be protected by the obligee’s right of revocation prior to the obligor doing a juristic act for the purpose of property right with the knowledge that the obligor would prejudice the obligee. However, there is a legal relationship that has already been established at the time of the juristic act.

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