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(영문) 대전지방법원 2019.03.14 2018가단212587
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 113,531,884 and as to this:

B. Defendant B is 68,850,725 won and as to this.

Reasons

1. AD, which operated a business under the trade name of “C”, entered into a credit guarantee agreement with the Plaintiff on August 30, 2013, and received a loan from an E bank as collateral and failed to repay the loan.

On June 9, 2015, the Plaintiff filed a lawsuit against D for payment of indemnity with the said bank on behalf of the Plaintiff, and received an order to pay the Plaintiff 257,560,509 won and 257,560,478 won with 12% per annum from June 9, 2015 to June 18, 2015, and 20% per annum from the next day to the date of full payment.

As of May 8, 2018, the Plaintiff has a claim for reimbursement of KRW 336,674,857 (the principal amount of KRW 257,560,478 (the principal amount of KRW 78,495,96 by subrogation of KRW 618,383) as of May 8, 2018.

At the time when Defendant A, the wife of D, obtained a loan of KRW 410,00,00 from the FFF Agricultural Cooperative (hereinafter “FFC”), on July 4, 2013, Defendant A created a collateral security (hereinafter “instant real property”) with respect to the registration of the support of the Daejeon District Court, Daejeon District Court No. 71734, July 8, 2013, regarding the real estate “B-gu, Seo-gu, Seo-gu, and two parcels” (hereinafter “instant real property”), which is one of its own property, and the collateral security (hereinafter “the instant real estate”).

In addition, as to the obligations owed by Defendant B, who is a punishment, to H, the Daejeon District Court set up a mortgage-mortgage with the registration of the branch court of the Daejeon District Court No. 71782, Jul. 8, 2013; the maximum debt amount of KRW 150,00,000; the debtor B, the mortgagee B, and the mortgagee H.

Defendant A repaid each debt based on three collateral mortgages (i.e., the maximum debt amount of No. 12344, Dec. 1, 2005; 150,000,000 won; ii) the mortgagee I; iii) the maximum debt amount of No. 35645, Apr. 21, 2008; 10,000,000 won; i.e., the secured debt amount of No. 103690, Nov. 13, 2008; i., the secured debt amount of No. 103690,000 won; i.e., the secured debt amount of No. 150,000 won; i., the secured debt amount of No. 100,000,000 won; and J Co., Ltd.) which had already been established on the instant real property owned by Defendant A with

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