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(영문) 창원지방법원 2015.01.23 2014가단79238
구상금
Text

1. As to KRW 96,682,851 and KRW 96,476,231 among the Plaintiff, Defendant A’s year from July 4, 2014 to October 1, 2014.

Reasons

1. Basic facts

(a) The Plaintiff’s indemnity claim 1) The Plaintiff’s obligation to repay the principal and interest of loan to be borne by Defendant A by receiving a loan from the Yeongdeungpo Financial Center of Korea under the request of Defendant A, which had been running the Plaintiff’s guarantee. ① The amount of guarantee: D: 50,000,000, and the date of guarantee: August 25, 201:: the term of guarantee: August 22, 2014; ② the term of guarantee:

(2) Defendant A was granted a loan of KRW 100,000,000 from a new bank under the Plaintiff’s credit guarantee (hereinafter “instant loan”).

(2) On April 8, 2014, Defendant A delayed interest on the instant loan and caused a credit guarantee accident. On July 4, 2014, the Plaintiff repaid KRW 96,476,231 in subrogation of Defendant A to the new bank.

3) According to Article 35 of the Credit Guarantee Fund Act and Article 10 of the Credit Guarantee Agreement between the Plaintiff and the Defendant A, when the Plaintiff subrogated for the guaranteed obligation, the amount of subrogated payment shall be paid at the fixed rate of the Plaintiff from the date of subrogation to the date of full payment. The above fixed interest rate after December 1, 2012 shall be 12% per annum. (4) Meanwhile, according to Article 10 of the Credit Guarantee Agreement between the Plaintiff and the Defendant under Article 10 of the Credit Guarantee Agreement between the Plaintiff and the Defendant, the Plaintiff shall be reimbursed for the legal procedure expenses incurred by the Plaintiff in order to enforce or preserve its claim for reimbursement against the Defendant. The Plaintiff spent KRW 335,480 in order to preserve its claim for reimbursement against the Defendant, and the Plaintiff recovered KRW 128,860 and remains KRW 206,620.

B. As to Defendant A’s act of disposing of the property (hereinafter “instant real estate”) on March 7, 2014, the only property between Defendant A and his wife is the real estate indicated in the separate sheet (hereinafter “instant real estate”).

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