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(영문) 서울중앙지방법원 2016.11.11 2016나38206
구상금 등 청구의 소
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

Defendant and the co-defendant A.

Reasons

1. Basic facts

A. (1) On July 16, 2014, the Plaintiff entered into a credit guarantee agreement with a co-defendant A (hereinafter “A”) in the first instance trial on July 16, 2014. Under the credit guarantee agreement issued by the Plaintiff, the new bank loaned KRW 4,375,00 to A on July 16, 2014. (2) A lost a benefit due to overdue interest, and the Plaintiff subrogated for KRW 44,76,350 to a new bank on March 11, 2015 in accordance with the credit guarantee agreement.

3) The Plaintiff filed the instant lawsuit against A with “4,624,130 won and its related 15% per annum from March 11, 2015 to April 28, 2015; 12% per annum from the next day to the date of final delivery of the complaint; and 15% per annum from the next day to the date of complete payment; the court of first instance accepted the Plaintiff’s claim against A; and the part against A in the judgment of the first instance due to A’s failure to file an appeal became final and conclusive. (B) On August 22, 2014, A sold the real estate (hereinafter “instant real estate”) listed in the attached list, which is the only real estate owned by the Defendant with the Defendant, to “21,00 million won” (hereinafter “instant sales contract”); and (c) on August 22, 2014, upon completing the registration of ownership transfer (hereinafter “Defendant 2”).

(2) The real estate of this case was subject to the establishment of a collective security right (hereinafter “existing collective security right”) with the maximum amount of claims KRW 168 million, debtor A, and Korean National Bank Co., Ltd. prior to the conclusion of the instant sales contract prior to the conclusion of the instant sales contract. However, on August 29, 2014 after the conclusion of the instant sales contract, the collective security right with the maximum amount of claims KRW 168 million was established, and the existing collective security right was cancelled on the same day ( August 29, 2014). The fact that there was no ground for dispute regarding the recognition, and the evidence No. A1 through No. 653, Dec. 6, 2014.

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