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(영문) 서울동부지방법원 2018.09.28 2017가단102007
구상금 등 청구의 소
Text

1. Defendant A’s year from December 21, 2016 to January 25, 2017, with respect to KRW 45,589,854 and KRW 45,287,704 among the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On September 2012, the Plaintiff entered into a credit guarantee agreement with the Korea Technology Finance Corporation under the Korea Technology Finance Corporation Act and issued a credit guarantee agreement with respect to the obligations of loans that Defendant A would take out and incur from the Industrial Bank of Korea.

On September 24, 2013, 209. 24. (1) Small and Medium Enterprise Loan (2. 50,000,000,000 won) (hereinafter “Small and Medium Enterprise Loan”) on September 25, 2012, 2012, when the Plaintiff performed the guaranteed obligation due to the Plaintiff’s failure to perform the principal obligation at the time of concluding the guarantee agreement with the Plaintiff, (1) the amount paid by the Plaintiff for performance, (2) the date following the expiration of the period, or the date following the expiration of the period from the expiration of the period of payment to the date following the expiration of the period of payment to the date following the expiration of the period of payment to the date following the expiration of the period of payment to the date following the expiration of the period of payment to the date following the expiration of the period of payment to the date following the expiration of the period of payment to the date of subrogation, and (3) the amount of damages determined by the Plaintiff per annum 21,012.

(3) On November 23, 2016, Defendant A lost the benefit of the term of the above loan due to delinquency in interest. On November 30, 2016, the Plaintiff paid 302,150 won to the Industrial Bank of Korea on December 21, 2016, on behalf of the principal and interest of the loan amounting to KRW 45,287,704 (the balance of the principal guaranteed at KRW 45,00,000) (the interest of KRW 287,704) on behalf of the principal and interest of the Bank on December 21, 2016.

B. (1) Defendant A entered into a mortgage contract with Defendant B on August 30, 2016 regarding each of the real estate listed in the separate sheet 1 and 2, including the instant contract to establish a mortgage and the conclusion of a sales contract.

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