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(영문) 창원지방법원 2018.10.24 2018가단115095

구상금

Text

1. The Defendant’s annual interest in KRW 50,686,778 and KRW 50,437,258 among the Plaintiff, from June 26, 2018 to July 16, 2018.

Reasons

1. Facts of recognition;

A. The Defendant received loans from the Industrial Bank of Korea of KRW 30,000,000 on March 24, 201 and KRW 30,000,00 on March 5, 2012. The Plaintiff concluded a credit guarantee agreement with the Defendant and guaranteed each of the above loans obligations within the limit of KRW 24,00,000 among them, and KRW 25,50,000 among them.

B. On June 26, 2018, the Plaintiff repaid the sum of KRW 50,437,258 to the Industrial Bank of Korea on behalf of the Defendant, following the Defendant’s delay in repayment of each of the above loans.

C. Under a credit guarantee agreement, the Defendant agreed to pay the Plaintiff’s subrogated payment in addition to damages for delay and damages for delay from the date following the expiration date of the guarantee period to the date of subrogated payment. The Plaintiff’s rate of damages for delay determined by the Plaintiff is 10% per annum on or after February 1, 2016, and the penalty is 249,520 won per annum

【Reasons for Recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 50,686,778 won in total of subrogated and penalty, and 50,437,258 won in subrogation from June 26, 2018 to July 16, 2018, 10% per annum, which is the rate of delayed damages, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is justified and accepted.