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(영문) 서울서부지방법원 2018.11.29 2018가단235241

구상금

Text

1. The Defendant’s annual interest in KRW 30,352,752 and KRW 30,292,680 among the Plaintiff, from May 8, 2015 to January 31, 2016.

Reasons

1. Basic facts

A. On September 29, 2010, the Plaintiff changed the guarantee period from September 29, 201 to September 28, 2011 (the guarantee period was changed from September 29, 2010 to December 11, 2015).

ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) On September 30, 2010, the Defendant entered into a credit guarantee agreement, and on September 30, 2010, the Defendant extended a loan of KRW 40 million from C Bank under the name of a small and medium enterprise financing loan (hereinafter “instant loan”).

(2) According to the credit guarantee agreement of this case, where the plaintiff performed the guaranteed obligation, the defendant shall pay to the plaintiff the amount paid by the plaintiff for the performance of the guaranteed obligation and damages for delay by the rate set by the plaintiff, penalty, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and expenses incurred in the execution, preservation, exercise and exercise of the insurance premium paid by the plaintiff on behalf of the plaintiff, and

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) upon receipt of the Defendant’s notice of a credit guarantee accident regarding the instant loan obligation from the C Bank, and on May 8, 2015, the Plaintiff subrogated the C Bank to pay the principal and interest of the instant loan obligation KRW 30,919,16 ($30,60,000 + interest KRW 319,166 + interest KRW 626,486). The Plaintiff recovered KRW 626,486 and appropriated the repayment of the instant loan obligation. 2) The interest rate for delay determined by the Plaintiff from December 1, 2012 to January 31, 2016 is 12% per annum, and thereafter, 10% per annum from the following day to the date, and the amount of damages finalized against KRW 626,486, which has been partially appropriated for payment, is 60,072 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts acknowledged prior to the determination of the cause of the claim, the defendant shall enter into the credit guarantee agreement of this case.