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Reasons
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(영문) 서울중앙지방법원 2015.01.08 2014가단5195765
구상금 등 청구의 소
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1. As to KRW 88,936,726 and KRW 88,446,959 among them, Defendant A’s annual year from April 28, 2014 to September 4, 2014.

Reasons

1. Facts of recognition;

A. On March 27, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the credit guarantee principal of KRW 85,000,000,000 as well as by March 27, 2014 (hereinafter “instant credit guarantee agreement”); and Defendant A borrowed KRW 100,000,000 from the Industrial Bank of Korea (hereinafter “the Bank”) under the instant credit guarantee agreement.

B. According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant A shall immediately pay to the Plaintiff the amount of the guaranteed obligation performance and the amount of damages calculated by the rate set by the Plaintiff from the date of repayment to the date of repayment, the expenses incurred in compensating for the rights acquired as a result of

C. As Defendant A did not pay interest on loans on September 25, 2013, the Industrial Bank of Korea requested the Plaintiff to pay the interest on subrogation. On April 28, 2014, the Plaintiff subrogated for KRW 88,446,959 to the Industrial Bank of Korea.

The provisional attachment cost incurred by the Plaintiff in preserving the claim for indemnity by subrogation is 381,487 won, additional guarantee fee is 108,280 won, and the rate of damages determined by the Plaintiff after April 28, 2014 is 12% per annum.

E. On the other hand, on July 4, 2013, Defendant A sold to Defendant B the C Apartment Nos. 214, 502, 214, and 502, (hereinafter “instant real estate”) (hereinafter “instant sales contract”); and on July 5, 2013, Defendant B completed the registration of ownership transfer due to the said sales; and Defendant B cancelled each registration of establishment of a national bank (hereinafter “national bank”) established on the instant real estate on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the facts of the above recognition as to the claim for indemnity, Defendant A shall pay to the Plaintiff the amount of KRW 88,936,726 (=88,446,959 Won 108,280 Won 108,280 Won 381,487) and the amount of the guaranteed debt discharged in KRW 88,446,959.

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