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(영문) 서울중앙지방법원 2016.12.13 2015가단5399557
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 72,643,274 and KRW 71,773,211 among them, from April 17, 2015 to November 2, 2016.

Reasons

1. As to the claim against the defendant A

A. (1) On June 17, 2013, Defendant A prepared a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 120 million with the first floor C 102 of Songpa-gu Seoul (hereinafter “instant real estate”) owned by Defendant B during the lease period from July 5, 2013 to July 5, 2015, and submitted the instant lease agreement to Korea Bank Co., Ltd. (hereinafter “Korea Bank”).

B. On July 5, 2013, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A to guarantee Defendant A’s obligation to provide a loan to Defendant A’s bank for the entire loan of the guaranteed principal of KRW 81 million and the guarantee period from July 5, 2013 to July 6, 2015, and issued the housing finance credit guarantee agreement accordingly.

On July 5, 2013, the International Bank of Korea (hereinafter referred to as the “instant loan”) extended a loan of KRW 90 million to Defendant A as a worker’s house leasing loan (hereinafter referred to as “instant loan”), and directly wired the said loan to Defendant B’s new bank account under the name of Defendant B’s lease deposit.

Applicant Defendant A lost the benefit of August 26, 2014 due to Defendant A’s failure to pay the principal and interest of this case properly. The Bank requested the Plaintiff to discharge the guaranteed obligation under the Housing Finance Credit Guarantee Agreement.

On April 17, 2015, the Plaintiff subrogated to the Bank for the principal amounting to KRW 83,302,697 (=the principal amounting to KRW 80,597,737), and collected KRW 105,990 on the same day from the Defendant A, and appropriated it for the repayment of the principal amount.

[Ground of recognition] without any dispute, Gap's evidence 1 through 15, 17, 22 through 26, Eul's evidence 2, 3, and 5, Eul's response to an order to submit financial transaction information to new banks, and pleadings.

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