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(영문) 서울중앙지방법원 2015.01.12 2014가단5148134
구상금
Text

1. As to the Plaintiff, Defendant A’s KRW 87,878,778 and KRW 87,010,587 among them, from May 28, 2014 to June 19, 2014.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with Defendant A to provide a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the terms that the Plaintiff guarantees the payment of the debt to Defendant A’s National Bank (hereinafter, “National Bank”) as the guaranteed principal amount of KRW 85,00,000,000, and the guarantee period from July 19, 2012 to July 18, 2013 (the period was changed to July 18, 2014). The interest rate for delay was determined as prescribed by the Plaintiff.

B. Around December 28, 2013, Defendant A defaulted on the repayment of the obligation to a national bank. On May 28, 2014, the Plaintiff subrogated to the national bank for KRW 87,010,587 under the aforementioned credit guarantee agreement (i.e., the loan principal amount of KRW 85,00,000) (i.e., KRW 2,010,587). The Plaintiff’s interest rate for delay on the claim for reimbursement as determined by the Plaintiff is 12% per annum.

C. On the other hand, around January 8, 2014, Defendant A entered into a mortgage agreement with Defendant B, which provides for KRW 200,000,000 with regard to the real estate listed in the separate sheet (hereinafter “the instant real estate”). On the same day, Defendant B entered into a mortgage agreement with respect to the instant real estate (hereinafter “mortgage agreement”). On the same day, Defendant B completed a mortgage registration prior to the establishment registration (hereinafter “mortgage establishment registration prior to the instant real estate”) on January 8, 2014 as the High Government District Court No. 4322, which was received on January 8, 2014.

(1) At the time of entering into the instant collective security agreement, Defendant A’s property status (1), including active property: 1,439,541,790 won: 2.325,00,000 won: 1,321 square meters in Yongsan-gu, Yongsan-gu, Busan-si, and 332 square meters in size in D miscellaneous land (hereinafter collectively; hereinafter the same shall apply): 1,100,000,000 won (hereinafter the same shall apply); 14,541,790 won in total (2); 2,144,266,97 won in total; 1,357,49, G Miscellaneous-si; 2,400,000 won in arrears; 3.40,000 won in arrears; and 3.00,000 won in arrears; and 3.0,000 won in arrears; and

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