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(영문) 서울중앙지방법원 2018.02.09 2016가단5102415
소유권이전등기
Text

1. The plaintiff's lawsuits against the defendant B, C, D, and E shall be dismissed, respectively.

2. The plaintiff's claim against the defendant A is dismissed.

3...

Reasons

1. Determination as to the claim for reimbursement against Defendant A

A. Under the facts found, each of the following facts can be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence Nos. 1 to 3.

1) On October 24, 2001, the Plaintiff entered into a credit guarantee agreement with Defendant D, and on the same day, Defendant A guaranteed the Defendant D’s obligation for indemnity against the Plaintiff. According to the above credit guarantee agreement, if the Plaintiff performed the guaranteed obligation, Defendant D, and A jointly and severally pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, the amount of subrogated payment made by the Plaintiff to the Plaintiff, the damages for delay calculated by the Plaintiff’s rate for delay from the date of performance to the date of full payment, the additional guarantee fee from the day following the date of payment of the guaranteed obligation to the date of termination of the guaranteed obligation, and the additional guarantee fee from the date following the date of payment of the guaranteed obligation to the date before the date of termination of the guaranteed obligation, and the legal procedure expenses incurred by the

3) On October 24, 2001, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 25,500,000, and the guaranteed term of October 20, 2005, and Defendant D submitted the said credit guarantee certificate to F banks and received loans. 4) When Defendant D was unable to repay the principal obligation such as loans and interest, the Plaintiff claimed the performance of the guaranteed obligation to the Plaintiff, and the Plaintiff subrogated F banks with the payment of the guaranteed obligation amount of KRW 7,472,396, out of the subrogated payment, and collected the amount of KRW 17,493,368 as of October 205.

5 The rate of delay damages determined by the Plaintiff is 17% per annum from October 29, 2003 to December 1, 2010, which is the date of payment by subrogation, 14% per annum from the next day to May 31, 2015, and 12% per annum from the next day to the next day.

The damages for delay from the above amount of subrogation to the repayment date shall be KRW 7,340,450.

B. According to the above facts of recognition as to the cause of the claim, there are no special circumstances.

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