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(영문) 대구지방법원 2016.05.13 2014가단121003
구상금
Text

1. As to KRW 41,353,608 and KRW 40,819,133 among the Plaintiff, Defendant A shall be from September 12, 2014 to November 20, 2014.

Reasons

1. Basic facts

A. On October 29, 2007, the Plaintiff and Defendant A entered into an agreement that guarantees the credit of Defendant A with the following content:

The term of guarantee: The amount guaranteed on October 21, 2008 (amended on several occasions to October 17, 2014): 49,300,000 won (amended on several occasions): The extent of prior recourse and reimbursement: Defendant A violated the obligation to perform the principal obligation; when a credit guarantee accident occurred, such as overdue payment, default, information, etc. under the "Credit Information Management Rules of the Korea Federation of Banks", due to the occurrence of a credit guarantee accident, it shall bear the obligation to repay the amount guaranteed by the Plaintiff without notice or peremptory notice from the Plaintiff; when the Plaintiff fulfilled the guaranteed obligation, the amount calculated at the rate determined by the Plaintiff from the date of repayment to the date of repayment; the amount of the Plaintiff’s performance of the guaranteed obligation; the expenses incurred in the preservation, transfer and exercise of the Plaintiff’s right; and penalty, etc. (the rate of damages for the performance of the guaranteed obligation determined by the Plaintiff from December 12, 2012 to the date of repayment).

Under the Plaintiff’s credit guarantee, Defendant A borrowed KRW 58,00,000 from the water Dong branch of Daegu Bank. On July 21, 2014, there was a credit guarantee accident where the interest on the loan was overdue.

On September 12, 2014, the Plaintiff paid to Daegu Bank KRW 40,819,133, the principal and interest of the loan, out of the principal and interest of the loan, to the Daegu Bank. The Plaintiff did not receive from Defendant A an indemnity of KRW 480,796, out of the legal procedure costs, and damages 53,679.

C. Meanwhile, Defendant B and A married on May 19, 1979 and divorced on August 19, 2014. On October 22, 1993, Defendant B and A completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) under the name of Defendant B on July 15, 2014, and received the Daegu District Court on July 14, 2014.

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