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(영문) 서울중앙지방법원 2017.06.30 2016가합516078
구상금 등
Text

1. As to Nos. 104, 1501, 15, and 1501, which are Young-gu, Young-gu, Seoul Metropolitan Government between B and the Defendant, on December 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”), as follows, and accordingly, the loan was executed as follows.

The loan amount of KRW 1180,00,000 for E Small and Medium Enterprise Loan of KRW 1180,00,000 for the loan execution date of the loan, which is a joint and several surety for the credit guarantee term agreement for the guaranteed loan subject of the guaranteed loan, on November 21, 2012 (former November 18, 2016) B Bank of Korea on November 21, 2012 (former 20,000,000 won 2270,000,000 for F Small and Medium Enterprise Loan of KRW 270,000,000 on December 27, 2013; the Bank of Korea of Korea on December 26, 2014 (Amended by Act No. 12823, Dec. 23, 2016) B Bank of Korea on November 23, 2014.

B. D failed to repay the principal of the above loan claims on December 25, 2015, and the Industrial Bank of Korea, on December 28, 2015, notified the Plaintiff of the occurrence of a credit guarantee accident for the said reason, and requested the Plaintiff to perform the guaranteed obligation. On February 12, 2016, the Plaintiff subrogated the Industrial Bank of Korea for KRW 453,38,726 (principal principal interest of KRW 449,98,825, KRW 3,389,901) on behalf of the Plaintiff.

C. B completed the report of marriage with the Defendant on June 19, 1982. On November 14, 2015, the Defendant agreed to divorce, and completed the report of divorce on January 26, 2016.

At the time of divorce, the defendant received the apartment of this case as consolation money, and the loan of the apartment of this case and its interest are prepared with agreement that the defendant bears. D.

On the other hand, B entered into a sales contract with the former owner on March 29, 2013 with respect to the instant apartment, and acquired ownership on April 3, 2013. On December 29, 2015, B entered into a donation contract with the Defendant (hereinafter “instant donation contract”).

The defendant completed the registration of ownership transfer as to the apartment of this case by the Suwon District Court's Suwon District Court's registry office on December 31, 2015, the receipt No. 259459.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including branch numbers), the purport of the whole pleadings

2. Determination

(a)the existence of preserved claims 1.

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