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(영문) 부산지방법원 2015.06.04 2014가합49800

구상금

Text

1. From August 12, 2014 to October 1, 2014, the Defendant paid to the Plaintiff KRW 100,262,046 among the Plaintiff’s KRW 101,392,308 and KRW 12% per annum.

Reasons

1. Basic facts

A. The Plaintiff, upon the Defendant’s guarantee request, concluded a credit guarantee agreement with the content of “Guarantee Number C, Guarantee Amount of KRW 99,000,000, and Guarantee Date, June 10, 2013, and June 10, 2014,” with respect to the principal and interest of loan to be paid by the Defendant by receiving a loan from the Industrial Bank of Korea branch office from the Industrial Bank of Korea branch office, and the Defendant borrowed KRW 10,00,000 from the said bank on June 10, 2013 in accordance with the Plaintiff’s credit guarantee.

B. On June 10, 2014, a credit guarantee accident occurred due to the Defendant’s pension delay. On August 12, 2014, the Plaintiff subrogated for KRW 100,262,046 to the said bank, based on the said credit guarantee agreement.

C. Under the above credit guarantee agreement, the Plaintiff and the Defendant agreed to pay damages for delay based on the agreed damages for delay from the date of subrogation to the date of full payment when the Plaintiff subrogated for the guaranteed liability. The agreed damages for delay after December 1, 2012 is 12% per annum.

Under the above credit guarantee agreement, when the person who received the guarantee fails to perform his/her obligation within the term of guarantee, the plaintiff and the defendant shall pay the rate prescribed by the plaintiff and the penalty in accordance with the method of calculating the amount of penalty.

E. The Plaintiff spent the legal procedure cost of KRW 788,512 to preserve the Defendant’s claim for reimbursement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts, according to the determination as to the cause of the claim, the defendant, as to the plaintiff, 100,262,046 won of subrogated payment, 341,750 won of penalty for attempted penalty, 78,512 won of legal procedure expenses, 101,392,308 won of the total of 788,512 won, and 100,262,046 won of the above, from August 12, 2014 to October 1, 2014, the delivery date of a copy of the complaint in this case, shall be 12% per annum based on the agreed interest rate, and from the following day to the date of full payment.