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(영문) 서울중앙지방법원 2017.02.01 2016가단5024744
구상금
Text

1. As to KRW 37,025,968 and KRW 36,502,333 among the Plaintiff, Defendant A shall be from November 28, 2014 to May 25, 2016.

Reasons

1. Facts of recognition;

A. On October 20, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A (D representative) and entered into a credit guarantee agreement between Defendant A and the Industrial Bank of Korea, with a guarantee amount of KRW 68 million (4,370,000 as the last revised on August 22, 2014), and the guarantee term of October 19, 2009 (final revision on September 17, 2015).

(hereinafter “instant credit guarantee agreement”). The rate of damages for delay under the instant credit guarantee agreement shall be 12% per annum from November 28, 2014 to the date.

The Plaintiff issued a credit guarantee certificate to Defendant A in accordance with the instant credit guarantee agreement, and the Defendant A borrowed money from the Industrial Bank of Korea.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation caused a guarantee accident upon closure of the business on November 13, 2014.

Accordingly, the Plaintiff subrogated 44,58,042 won to the Industrial Bank of Korea on November 24, 2014 in accordance with the instant credit guarantee agreement, and attached Form thereto.

The total amount of 8,085,709 won is recovered as the basis for calculating the final damages and the amount of subrogation is 36,502,333 won.

C. Defendant B’s registration of creation of neighboring mortgage in Defendant B is the form of Defendant A. (2) Defendant B entered into a mortgage agreement with Defendant A on August 5, 2015, regarding “the instant forest land” with respect to “30/370 of A’s co-ownership share of 9752m2 in Chuncheon-si C Forest, C, 9752m2 (hereinafter “the instant forest land”). Defendant B completed the registration of creation of neighboring mortgage as of August 10, 2015, with the Chuncheon District Court No. 44486, Aug. 10, 2015.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

Defendant A’s property No. 330/97,00 of A’s co-ownership 58,000,000 1,801,5312/15451/15, out of 3457,000,587,587,200,000 2,5853/15453 of 52553 square meters of 5253, out of 52553 square meters of forests and fields E-1,5452, 360,615,406,156,000,640,640,640,640,615,40,744,711) of 1,000 square meters of A’s co-ownership 1,0752 square meters of real estate title No. 5253, Mar. 1, 2003.

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