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(영문) 부산지방법원 2016.02.02 2014가단249740
구상금
Text

1. As to KRW 81,403,616 and KRW 80,309,319 out of the said money and KRW 81,403,616, Defendant A shall be from June 25, 2014 to January 7, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s credit against Defendant A (1) entered into a credit guarantee agreement with Defendant A as shown in the attached Table 1 (hereinafter “instant credit guarantee agreement”), and accordingly, Defendant A received a loan from the National Bank as shown in the attached Table 2.

(2) On June 10, 2014, Defendant A delayed payment of interest on the above loan, and the credit guarantee accident occurred, and the Plaintiff subrogated to the National Bank as indicated in the attached Table 3, June 25, 2014.

(3) The plaintiff and the defendant A agreed to pay damages for delay as stated in the attached Table 4 at the time of the credit guarantee agreement, and the balance of the payment by subrogation to the defendant A and the amount of damages for final delay are as listed in the attached Table 5.

In addition, among the legal procedure costs incurred by the Plaintiff to preserve the claim against Defendant A, the unpaid balance is KRW 1,094,135.

B. (1) The Defendants filed a marriage report on January 18, 198, and filed an application for divorce on January 10, 2014, and completed a report of divorce on February 25, 2014.

(2) The Defendants purchased No. 1802 No. 1802 (hereinafter “instant apartment”) on the 18th floor of D apartment in Busan Metropolitan City, Daegu Metropolitan City, and completed the registration of ownership transfer in the future of the Defendants, respectively, under the receipt of No. 4183 on January 15, 2008 of D apartment No. 4183 (hereinafter “instant apartment”).

(3) On February 25, 2014, Defendant A entered into a donation agreement with Defendant B, the wife on the share of 1/2 of the instant apartment (hereinafter “instant apartment ownership”) (hereinafter “instant donation agreement”) and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on February 26, 2014 with the Busan District Court Branch Branch Branch of Busan District Court No. 17712, February 26, 2014.

C. At the time of the instant donation agreement, Defendant A’s financial status was in excess of his/her liability by bearing obligations to multiple financial institutions, etc.

[Ground of recognition] Unsatisfy, A(1) through (3)

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