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(영문) 서울중앙지방법원 2016.01.12 2014가단5292109
구상금 등 청구의 소
Text

1. As to KRW 24,602,855 and KRW 9,509,343 among the Plaintiff, Defendant A shall pay to the Plaintiff KRW 24,602,855, and KRW 15,093,512.

Reasons

1. Basic facts

A. (1) The Plaintiff is a credit guarantee agreement between Defendant A and the guarantee principal of KRW 15,00,000, and the guarantee period of KRW 12,018 (hereinafter “instant credit guarantee agreement”) around March 11, 2013 (hereinafter “instant credit guarantee agreement”).

(2) Defendant A entered into a credit guarantee agreement of this case at that time, and was granted a loan of KRW 15,00,000 from the Nonghyup Bank on March 12, 2018.

(hereinafter “instant 1 loan”). (b)

1) On January 14, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A with the guarantee principal of KRW 9,500,000, and with the guarantee period of January 14, 2019 (hereinafter “instant credit guarantee agreement”).

(2) Defendant A entered into a credit guarantee agreement of the instant case at around that time, with a maturity of KRW 10,000,000 from the Central Credit Union as of January 14, 2019.

(hereinafter “instant two loans”). C.

When the Plaintiff and Defendant A entered into each credit guarantee agreement in this case, they agreed to reimburse the amount of the Plaintiff’s subrogation and the damages for delay, penalty, and subrogation in accordance with the rate set by the Plaintiff.

On April 15, 2014, Defendant A lost the benefit of time due to delay in the payment of interest on each of the instant loans. On August 29, 2014, the Plaintiff subrogated KRW 9,509,343 to the Central Credit Union as a result of the performance of the guaranteed obligation under the instant credit guarantee agreement. On September 4, 2014, Defendant A subrogated KRW 15,239,732 to the Nonghyup Bank as a result of the performance of the guaranteed obligation under the instant credit guarantee agreement, and recovered KRW 146,220 on the same day.

E. On the other hand, around April 30, 2014, Defendant A sold to Defendant B the real estate listed in the separate sheet (hereinafter “instant real estate”) in its possession at KRW 3.3 million.

(hereinafter referred to as “instant sales contract”). [The grounds for recognition] does not dispute, and Gap evidence 1 through 6 (including paper numbers).

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