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(영문) 인천지방법원 2016.09.06 2016가단211889

구상금

Text

1. The Plaintiff:

A. As to KRW 30,62,736 and KRW 30,662,67 among the Defendant A, Defendant A shall be from March 17, 2016 to April 7, 2016. < Amended by Act No. 14083, Apr. 7, 2016>

Reasons

1. Facts of recognition;

A. On October 18, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A on a loan for small and medium enterprises, credit guarantee amounting to 35,020,000 won, and credit guarantee period from October 18, 201 to October 17, 201, and the network C jointly and severally guaranteed Defendant A’s repayment obligation under the said credit guarantee agreement.

B. On October 18, 201, Defendant A obtained a loan of KRW 30,770,000 from the Industrial Bank of Korea as security the credit guarantee form under the said credit guarantee agreement.

C. On January 5, 2016, Defendant A lost the benefit of time due to defective treatment (suspension of absence and closure). On March 17, 2016, the Plaintiff subrogated for the Bank of Korea for KRW 30,879,157 (the principal KRW 30,770,000) (the principal KRW 109,157) and recovered KRW 216,480 on the same day.

As of March 17, 2016, according to the credit guarantee agreement of this case, the amount of indemnity due to subrogation paid by Defendant A to the Plaintiff is KRW 30,662,736 [the principal and interest on subrogation, KRW 30,662,67, KRW 677 ( KRW 30,879, KRW 157 - KRW 216,480)].

E. The rate of damages for delay applicable under the instant credit guarantee agreement is 10% per annum from February 1, 2016 to the date.

F. Meanwhile, on the other hand, the deceased on December 14, 2015, and the heir is Defendant A and Defendant B.

Defendant B filed a report on the approval of the inheritance limited status with the Incheon Family Court 2016-Ma130, and was tried on March 10, 2015 by the above court on the acceptance of a qualified acceptance report.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, Gap evidence 2-4, Gap evidence 5-1 through 3, Eul evidence 1 and 2, and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant A, as the principal debtor, calculated at the rate of 10% per annum from March 17, 2016 to April 7, 2016, the delivery date of a copy of the complaint in this case, and at the rate of 15% per annum from the next day to the day of full payment, as to the plaintiff's indemnity amounting to 30,662,736 won and its principal amounting to 30,662,677 won.