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(영문) 부산지방법원 2018.05.24 2017가단320572
구상금
Text

1. As to KRW 27,903,185 and KRW 27,459,50 among the Plaintiff, Defendant A shall be from May 23, 2017 to March 17, 2018.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff and the Defendant entered into a credit guarantee agreement, such as a credit guarantee agreement, a credit guarantee accident, and a subrogation, as described below:

(2) On September 23, 2014 ( September 23, 2017), Defendant A obtained a loan as security under the credit guarantee agreement issued pursuant to the above credit guarantee agreement as follows from the Busan Bank (Re-dong Branch) on September 23, 2014 at the sub-dong branch of Busan Bank (hereinafter September 22, 2017).

On September 24, 2017, Sep. 24, 2015, Sep. 24, 2017, Defendant A paid interest on loans of 17,000,000 general capital loans of 10,000 general capital loans of 10,000 on September 24, 2017, and the credit guarantee accident occurred around December 24, 2016. Accordingly, the Plaintiff subrogated the Busan Bank for KRW 27,459,505 on May 23, 2017.

(4) At the time of the conclusion of the credit guarantee agreement, the Plaintiff and Defendant A paid damages for delay on behalf of the Plaintiff for the performance of the credit guarantee obligation. The damages for delay is 12% per annum, and the legal procedure costs and additional fees paid by the Plaintiff under the said credit guarantee agreement are 443,680 won per annum.

B. Defendant B entered into a sales contract equivalent to KRW 170,00,000 for the purchase price on December 19, 2016 (hereinafter “instant sales contract”) with Defendant A as to the real estate stated in the text (hereinafter “instant real estate”), and completed the registration of ownership transfer in his/her future on the same day.

Defendant A has no particular property other than the instant real property, and is in excess of its obligation, such as the Plaintiff’s reimbursement liability amounting to KRW 27,903,185.

C. Defendant A was based on a contract establishing a contract dated September 16, 2015.

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