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(영문) 창원지방법원 2016.11.18 2016가단108123
구상금등
Text

1. As to KRW 275,238,834 and KRW 272,604,540 among the Plaintiff, Defendant A shall be from August 5, 2016 to August 30, 2016.

Reasons

1. Facts of recognition;

A. On August 25, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A, which provides a credit guarantee agreement with the term “C” and provides a credit guarantee agreement that guarantees the guarantee of the amount of deposit for corporate ordinary working capital loans borrowed from a national bank (270,000,000 won) and August 24, 2016 between Defendant A and Defendant A, who operates a manufacturing business of components of the vessel. Defendant A borrowed KRW 300,000,000 from the national bank on August 31, 2015 following the Plaintiff’s guarantee.

B. On April 15, 2016, Defendant A subrogated for a credit guarantee accident. On August 5, 2016, the Plaintiff subrogated for KRW 272,604,540 ( principal interest of KRW 270,000,000) to the National Bank on behalf of the Plaintiff.

The overdue interest rate applicable under the instant credit guarantee agreement is 10% per annum from February 1, 2016 to the date, and the legal procedure cost incurred by the Plaintiff in order to preserve its claim for reimbursement against Defendant A is 2,634,294 won.

C. On February 29, 2016, Defendant A completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”) that he owned on February 29, 2016, based on the same day sale and purchase (hereinafter “instant sales contract”). D.

Defendant A’s self-sufficiency had no particular property other than the instant real estate at the time of the instant sales contract, and there was no special property at the time of the conclusion of the instant argument.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, the purport of the whole pleadings

2. According to the facts of the determination as to the claim against the defendant A, the defendant shall pay the plaintiff the amount of KRW 275,238,834 (=272,604,540 of the subrogated principal of KRW 272,604,540 of the legal procedure cost 2,634,294 of the subrogated principal) and the subrogated principal of KRW 272,604,504 of the subrogated principal from August 5, 2016 to August 30, 2016, which is the delivery date of the copy of the application for change of the purport of the claim and the cause of the claim.

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