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(영문) 서울중앙지방법원 2016.11.16 2015가단5339364

구상금

Text

1. The Defendant’s KRW 132,840,179 among the Plaintiff and KRW 102,905,306 among them, shall be from March 15, 2012 to June 14, 2012.

Reasons

1. Facts of recognition;

A. Upon the Plaintiff’s credit guarantee request, the Plaintiff issued to B a letter of credit guarantee (hereinafter “the second letter of credit guarantee”) stipulated in B as the first letter of credit guarantee (hereinafter “the second letter of guarantee”) until October 13, 2009 (the period extended to October 12, 2012) (hereinafter “the first letter of guarantee”) until October 13, 2009, ② the guarantee amount of KRW 100,000,000, and the guarantee period of KRW 100,000,000, and September 20, 2010 (the period extended to September 20, 2012).

3) B received a loan from a Korean National Bank as a collateral for each of the above credit guarantees. B received each of the above credit guarantees, and B agreed to pay the Plaintiff the overdue interest rate and the delayed payment and the expenses incurred in preserving claims from the date of subrogated payment and subrogation. The agreed amount of damages determined by the Plaintiff was 14% per annum from April 17, 2003 to three months from the date of subrogated payment and subrogation, 16% per annum from the next day to November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012. 4) B delayed payment. < Amended by Presidential Decree No. 23283, Oct. 26, 2011; Presidential Decree No. 23268, Nov. 19, 2011>

On March 15, 2012, the Plaintiff paid 189,048,207 won (i.e., the second guarantee of KRW 86,71,084, the second guarantee of KRW 102,337,123) to the National Bank of Korea on March 15, 2012 (i.e., the first guarantee of KRW 86,71,084), and the amount of subrogated payment is KRW 102,905,306 (i.e., the first guarantee of KRW 36,927,341, the second guarantee of KRW 65,97,965).

The amount of damages determined from the date of subrogation to the date of recovery of part of the amount of damages is 29,289,878 won (=17,273,425 won (2nd 12,016,453 won), and the legal procedure cost is 644,95 won.

B. B, on November 24, 2010, the establishment of the non-party company and the Plaintiff’s claim for reimbursement of reimbursement (1) B, established D by investing 100% of its capital, and took office in the representative director. 2) The Co., Ltd. (2) the trade name on November 23, 201.