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(영문) 서울중앙지방법원 2019.07.10 2019가단5012285

구상금

Text

1. The Defendant’s KRW 33,495,944 and KRW 30,876,90 among the Plaintiff, 9% per annum from July 1, 2018 to December 31, 2018.

Reasons

In full view of the purport of the arguments stated in Gap evidence Nos. 1 through 4, the defendant obtained a loan of KRW 50,00,00 from D Co., Ltd. for housing funds from September 30, 2010 to September 25, 2023. The plaintiff entered into an insurance contract that guarantees the defendant's above loan obligations within the limit of KRW 50,00,000 on September 29, 2010. The defendant failed to perform his/her obligations under the contract with D Co., Ltd., the agreement was paid KRW 30,876,907 on September 15, 2017; the agreement between the plaintiff and the defendant for delay from September 16, 2017 to September 25, 2023; the annual rate of KRW 50,000 from September 16, 2017 to October 15, 2016 to 196, 2017.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the principal and interest on the indemnity as of June 30, 2018 (i.e., KRW 33,495,94 (= KRW 30,876,907 KRW 152,269 KRW 152,809 KRW 2,009 KRW 2,009,959 KRW) and KRW 30,876,907 KRW 30,09 KRW 2,09 KRW) and annual interest rate from July 1, 2018 to December 31, 2018, the service date of the original copy of the instant payment order, as of December 31, 2018, KRW 9% of the agreed interest rate, and KRW 33,495,94 KRW 152,269 KRW 457, May 21, 2019).

On the other hand, the defendant argued that the individual rehabilitation procedure is in progress, so the defendant filed an application for individual rehabilitation with the Incheon District Court 2017 Incheon District Court 101348 on September 14, 2017, but on September 2018.