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(영문) 서울중앙지방법원 2016.08.10 2015가단168963
구상금등
Text

1. Defendant A’s KRW 27,936,174 as well as 6% per annum from May 28, 2015 to June 26, 2015.

Reasons

1. Basic facts

A. The Plaintiff, as indicated in the following table, as a credit guarantee guarantee, provided a credit guarantee for Defendant A’s obligations for loans to Defendant A E Corporation’s credit unions. In the event that the Plaintiff subrogated for Defendant A’s obligations, Defendant A shall pay the repayment amount and its payment by 6% per annum from the date following the payment date to 30 days, 9% per annum from 31 to 90 days, and 15% per annum thereafter, and the Plaintiff shall be able to compensate for the amount covered in advance even without urging or notice.

F GH credit union granted Defendant A a loan of KRW 23 million, KRW 17 million as security, KRW 3 million as security, and KRW 10 million as KRW 3 insurance.

On April 17, 2015, Defendant A lost the benefit of time due to the delinquency of each of the above loans. On May 27, 2015, the Plaintiff subrogated for KRW 27,936,174 to the above credit union.

B. On March 25, 2015, Defendant A, the spouse of Defendant A, donated Seongbuk-gu, Seoul, and 1008 (hereinafter “instant apartment”) of D apartment 103 dong 1008 (hereinafter “instant apartment”), which is the only property owned by Defendant B, the spouse, to Defendant B (hereinafter “instant apartment”). The registration of ownership transfer was completed on May 15, 2015.

The value of the instant real estate at the time of donation is KRW 310 million, and the value as of May 2016, which is close to the date of the closing of argument, is KRW 330 million.

Before the donation of this case, Defendant A created each right to collateral security on the apartment of this case, and borrowed money from the Bank of Korea (the name of the Co., Ltd. from the second date to the second date to the Co., Ltd.) (the name of the Co., Ltd.), Mine Saemaul Fund, and I.

Defendant B, around June 2015, following the acquisition of the instant apartment, paid out approximately KRW 200 million loans to the National Bank Co., Ltd. for the instant apartment as collateral, and completed the registration of creation of a new mortgage on each of the above collateral obligations.

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