beta
(영문) 서울중앙지방법원 2016.11.23 2016가단5149193

구상금

Text

1. As to KRW 300,560,840 and KRW 298,452,035 among the Plaintiff, Defendant A shall be from May 20, 2016 to August 9, 2016.

Reasons

Facts of recognition

On May 9, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, setting the credit guarantee principal amount to KRW 297 million, and the term of guarantee as of May 8, 2018, with regard to the credit guarantee obligation to return loans to the Switzerland Bank. The Plaintiff issued a credit guarantee agreement with Defendant A with the same content.

On May 14, 2013, Defendant A was granted a loan of KRW 330 million as security by the said bank.

In a credit guarantee agreement, after the date of performance of a guaranteed obligation, the Plaintiff shall pay damages according to the interest rate determined by the Plaintiff within the limit of 25% per annum as stipulated in Article 35 of the Credit Guarantee Fund Act on the amount of performance after the date of performance. The interest rate determined by the Plaintiff is 12% per annum

On April 25, 2016, Defendant A lost the benefit of time for the loan due to the credit guarantee accident, and thereby, Defendant A incurred the obligation of prior indemnity against the Plaintiff in accordance with the credit guarantee agreement.

On May 20, 2016, the Plaintiff subrogated the said bank to pay the principal amount of KRW 298,452,035 (= principal amount of KRW 296,96,980).

The plaintiff paid 1,992,930 won by subrogation to preserve the claim for reimbursement based on the credit guarantee agreement. Among them, 63,135 won is recovered and the balance is 1,929,795 won.

From May 10, 2016 to May 19, 2016, the day following the due date for which the guarantee fee is paid for credit guarantee, the penalty of 179,010 won (=297 billion won x 2.2/100 x 2.2/100 x 10/365 x less than KRW 10,000) is calculated for 10 days if the penalty is calculated for 29,7 million unful performance for 10 days from May 19, 2016 to the day immediately preceding the due date.

On January 19, 2016, Defendant A borrowed KRW 30 million from Defendant B, and entered into a mortgage agreement with Defendant B as to each of the instant real estate indicated in the separate sheet indicating that it is the only property between Defendant B and Defendant B.

On the same day, Defendant A had completed the registration of creation of a mortgage over each of the instant sub-paragraphs 2-b of the Supreme Court Order No. 60,000,000.