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(영문) 인천지방법원 2015.07.02 2015가단202772
구상금
Text

1. As to KRW 20,649,369 and KRW 20,364,502 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from January 7, 2015 to April 7, 2015.

Reasons

1. Basic facts

A. On March 29, 2013, the Plaintiff entered into a credit guarantee agreement between Defendant A and the Industrial Bank of Korea (hereinafter “instant credit guarantee agreement”) on March 26, 2014 (hereinafter “instant credit guarantee agreement”) under the terms of the guaranteed principal amount of KRW 20,000,000, and the guarantee term of KRW 26,000 in order to guarantee the repayment of loans from the Industrial Bank of Korea.

B. Upon entering into the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff for the amount of subrogated payment and damages for delay as determined by the Plaintiff from the date of repayment thereof (12% per annum from January 2012 to January 2012 under Article 28 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of guaranteed obligations, and expenses incurred in the preservation, transfer, and exercise of rights acquired from the performance of guaranteed obligations.

C. Defendant A submitted to the Industrial Bank of Korea a credit guarantee certificate issued in accordance with the instant credit guarantee agreement, and borrowed KRW 20,000,000 from the said bank, but on September 22, 2014, there was an accident of guaranteeing that the said loan would lose the benefit of time.

Accordingly, on December 26, 2014, the Plaintiff subrogated for KRW 20,413,812 to the Industrial Bank of Korea. Accordingly, on January 6, 2015, the Plaintiff incurred KRW 20,364,502 in the amount of subrogation as of January 6, 2015, KRW 204,510 in the amount of provisional payment, and KRW 80,357 in the amount of delay damages from December 26, 2014 to January 6, 2015.

E. Meanwhile, on June 30, 2014, Defendant A entered into a sales contract with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property attached to the Defendant B, which is the Defendant’s own property (hereinafter “instant real estate”). The down payment of KRW 49.7 million was paid on the date of the contract, and the remainder of KRW 35.3 million was paid on the date of the contract, and the remainder of KRW 35.3 million was acquired as collateral obligation of the instant real estate and paid in lieu of the payment.

F. Defendant B completed the registration of ownership transfer as to the instant real estate by the Incheon District Court No. 62846, Jun. 30, 2014.

G. The instant case was concluded at the time of the conclusion of the instant sales contract.

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