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(영문) 춘천지방법원 2017.02.07 2016가단55618

구상금

Text

1. As to KRW 172,98,933 and KRW 171,475,144 among the Plaintiff, the Defendant shall start from October 7, 2016 to October 14, 2016.

Reasons

1. Facts of recognition;

A. On August 14, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “the instant credit guarantee agreement”) with B as a credit guarantee agreement with the term of guarantee extended until August 18, 2014 (by August 14, 2014, the term of guarantee was extended by August 18, 2015; the term of guarantee was extended by August 13, 2015; the term of guarantee was extended by August 18, 2016 until August 18, 2016). Upon the Plaintiff’s performance of the said guarantee obligation, B paid the Plaintiff the amount of subrogation and the amount of subrogation from the date of payment on behalf of the Plaintiff to the date of payment on behalf of the Plaintiff (from January 1, 2012 to the date of payment on behalf of the Plaintiff) to exercise the legal guarantee fee or the expenses incurred by the Plaintiff for compensation as prescribed by the Plaintiff (from January 12, 2012).

B. The Defendant jointly and severally guaranteed the indemnity liability B under the above credit guarantee contract.

C. As the Plaintiff lost the benefit of time B, on September 28, 2016, the Plaintiff subrogated the said bank KRW 171,475,144 on behalf of the Plaintiff, and the damages for delay calculated at the rate of 12% per annum from September 28, 2016 to October 6, 2016, the date of subrogation for the amount of subrogated payment is KRW 507,378, and the guarantee fee accrued from the date following the date of guaranty to the date before the date of subrogation is KRW 409,860, and the legal procedure expenses incurred by the Plaintiff are KRW 606,51.

[Ground for Recognition: Facts without dispute, entry of evidence A from 1 to 6, purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the Defendant shall pay to the Plaintiff the sum of KRW 172,98,933, including the amount of subrogated, etc. ( KRW 171,475,144, KRW 507,378, KRW 409,860, KRW 609, KRW 606,51), and the legal procedure cost for subrogation of KRW 171,475,144, among which, from October 7, 2016 to October 14, 2016, the delivery date of the instant payment order, the agreement rate of KRW 12% per annum, and from the following day to the date of full payment, the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.