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(영문) 수원지방법원 2018.06.08 2017가단539079

구상금

Text

1. As to KRW 39,226,371 among the Plaintiff and KRW 39,226,179 among them, the Defendant shall start from September 27, 2017 to November 25, 2017.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including additional numbers) as to the cause of the claim, the defendant, in obtaining a loan of KRW 40 million from KEB Han Bank, concluded a credit guarantee agreement with the plaintiff, which is a credit guarantee agency, by setting the credit guarantee limit of KRW 40 million on March 22, 2016, by 12% per annum until March 22, 2021, and by 12% per annum as at the time of payment by subrogation, and on September 7, 2016, the plaintiff paid KRW 39,81,384 on September 27, 2017 by subrogation of the defendant to the above bank on behalf of the defendant on September 27, 2016, remaining amount of payment by subrogation as at the time of the closing of the argument in this case, as at the time of the closing of the argument in this case, and damages for late payment is recognized.

According to the above facts, the defendant is obligated to pay to the plaintiff 39,226,371 won (the remaining amount of subrogated payment of KRW 39,226,179 shall be KRW 192), and to pay damages for delay calculated at the rate of 12% per annum from September 27, 2017, which is the date of subrogation to November 25, 2017, the date of delivery of a copy of the complaint of this case, and from the next day to the date of full payment, 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Conclusion, the plaintiff's claim of this case is reasonable and acceptable.