logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.12.23 2019가단265870
부당이득반환 청구의 소
Text

1.(a)

The real estate entered into on August 24, 2017 between B and the Defendant with respect to the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) on the following terms and conditions as the credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) between C and C to guarantee a loan and a debt to be borne by C from a financial institution:

According to the term of guarantee on the date of guarantee (as of August 30, 2013, the loan amount of KRW 90 million was changed to KRW 35 million) on August 29, 2014 (as of August 25, 2017), the Industrial Bank of Korea KRW 100 million on April 30, 2015, KRW 180 million (as of April 29, 2016, KRW 200 million was changed to April 25, 2016; the Industrial Bank of Korea calculated by the repayment rate of KRW 30 million on April 30, 2015; and the Plaintiff’s repayment of principal and interest on the loan amount of KRW 70 million on April 29, 2015; and the amount calculated by the repayment rate of KRW 300 million on April 18, 2015; and the Plaintiff’s repayment of the loan amount of KRW 700 million on April 27, 2016.

The rate of damages for delay determined by the Plaintiff for the performance of the guaranteed obligation is 10% per annum after February 1, 2016.

B as the representative director of C, C guaranteed the obligation to be borne by C under each credit guarantee agreement of this case to the Plaintiff.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation C delayed repayment of the principal and interest of the loan and caused a credit guarantee accident on August 28, 2017.

Based on a credit guarantee agreement No. 1 on October 24, 2017, the Plaintiff subrogated for KRW 36,309,797, KRW 182,047,808 based on a credit guarantee agreement, and KRW 183,174,114 based on a credit guarantee agreement, and KRW 63,050,069 based on a credit guarantee agreement.

The plaintiff appropriated 3,117,130 won such as the refund fee, etc. to the amount of subrogated payment under the credit guarantee agreement, and the amount of damages shall be 854 won by the date of such appropriation.

arrow