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Reasons
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(영문) 서울중앙지방법원 2015.08.21 2014가단5232923
손해배상(기)
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1. The defendant shall pay 98,700,000 won to the plaintiff and 20% per annum from August 27, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s claim against B (1) concluded a payment guarantee insurance contract that guarantees the payment of the sales amount of C with C as shown in attached Form 1(1) with C, and B jointly and severally guaranteed the obligation that C bears to the Plaintiff under each payment guarantee insurance contract as listed in the above list 9, 16, and 17.

(2) The Plaintiff subrogated in accordance with each of the above payment guarantee insurance contracts as shown in the attached Form (2).

(3) On October 4, 2007, the Plaintiff filed a lawsuit against Suwon District Court 2007Kadan39600, and filed a lawsuit against the joint guarantor C and B, and rendered a judgment on October 4, 2007, "B" with the Plaintiff jointly and severally 14,51,196 won and the interest rate of 19% per annum from June 5, 2004 to August 4, 2007, and the interest rate of 20% per annum from the next day to the day of complete payment, 50 million won and the interest rate of 19% per annum from April 17, 2004 to August 4, 2007 to the day of complete payment, and 20% per annum from the next day to the day of complete payment, and 20% per annum from April 27, 2004 to the day of full payment.

(4) As of August 6, 2014, the amount of claims against the Plaintiff B is KRW 135,077,190.

B. The sales contract between B and the defendant (1) B is "the apartment of this case" in the attached Form No. 20 on May 20, 1995.

(2) The registration of ownership transfer was completed on September 18, 1996. (2) The registration of ownership transfer was completed on the ground of sale as of January 13, 2004, No. 2536, Dec. 12, 2003, with respect to the apartment of this case, by the Suwon District Court, the Suwon District Court, Ansan Branch Office, Seoul District Court, and the Defendant.

The sale of the above grounds for registration is called "sale of this case".

(3) (Around July 18, 2007 and the instant case.

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