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(영문) 대전지방법원천안지원 2020.02.05 2019가단115323
구상금
Text

1. As to KRW 30,810,191 and KRW 30,130,854 among the Plaintiff, Defendant A shall be annually paid to the Plaintiff from June 27, 2019 to February 5, 2020.

Reasons

1. Basic facts

A. On April 18, 2018, the Plaintiff entered into a credit guarantee agreement with Defendant A, with the main content that the Plaintiff provides credit guarantee services to Defendant A within the limit of KRW 30,000,000 (hereinafter “instant credit guarantee agreement”) by March 20, 202.

According to the credit guarantee agreement of this case, where the plaintiff performs the guaranteed obligation, the defendant A is obliged to pay the plaintiff the amount calculated at the rate of 9% per annum to the amount recovered during the period from the date of the performance of the guaranteed obligation to the time of recovery of the amount of indemnity, and ② the plaintiff's provisional payment.

B. 1) Defendant A and Defendant B entered into a mortgage agreement with Defendant B on November 19, 2018 (hereinafter “instant land”). Defendant A and Defendant B entered in attached Table No. 1 (hereinafter “instant land”).

2) As to the establishment of a mortgage agreement regarding the establishment of a mortgage of KRW 30,00,000 (hereinafter “the first priority mortgage agreement”) with the maximum debt amount

(2) On November 22, 2018, Defendant A entered into a mortgage agreement with Defendant B on November 22, 2018, under which the establishment registration of a neighboring mortgage was completed by the Daejeon District Court under the instant contract for the creation of a new mortgage on the land of this case. (2) Defendant A entered into a mortgage agreement with Defendant C on January 4, 2019 with respect to the land listed in the List No. 2 of the Schedule No. 2 (hereinafter “instant land”). Defendant A entered into a mortgage agreement with Defendant C on January 9, 2019 with the maximum debt amount of KRW 15,00,000 as to the land listed in the List No. 2 of the instant land (hereinafter “instant No. 2”) and completed the establishment registration of a new mortgage on January 20, 2019 on the land of this case with Defendant C as the Hongsung District Court No. 556.

C. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation against the D Bank.

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