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(영문) 서울중앙지방법원 2016.06.13 2016가단5012918

구상금

Text

1. The Defendants are jointly and severally and severally liable for KRW 117,419,766 and KRW 117,379,88 among them. From February 27, 2015 to August 31, 2015.

Reasons

1. Basic facts

A. On December 31, 2012, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A as a credit guarantee principal of KRW 111,750,000, and from December 31, 2012 to March 25, 2014 (hereinafter “the period thereafter changed from February 2, 2015”), and at the time, Defendant B Housing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff under the instant credit guarantee agreement.

B. A, upon receipt of the instant credit guarantee agreement on December 31, 2012, submitted it to a national bank and received a loan of KRW 111,750,000 from the national bank.

C. At the time of the instant credit guarantee agreement, the Defendants agreed to reimburse the Plaintiff’s performance of the guaranteed obligation under the instant credit guarantee agreement, such as the amount, delay damages in accordance with the interest rate determined by the Plaintiff, expenses required for the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance

On August 22, 2014, Defendant A lost the benefit of time due to delayed payment of the principal and interest of a national bank. On February 26, 2015, the Plaintiff subrogated to the national bank for the total amount of KRW 117,411,838 (i.e., the principal amount of KRW 111,750,71,000, KRW 4,711,008, KRW 950,830). In relation to this, the Plaintiff paid for the principal amount of KRW 1,158, additional guarantee fees, KRW 38,720.

After that, the Plaintiff appropriated 31,950 won, such as guarantee fee and refund, for partial repayment of the amount of subrogated payment, and remains 117,379,88 won under the credit guarantee agreement of this case (=17,41,838 won - 31,950 won).

E. The Plaintiff’s interest rate for delay is 12% per annum from December 1, 2012 to August 31, 2015, and 8% per annum from the following day.

[Ground for Recognition: Facts without dispute, each entry, and the purport of the whole pleadings]

2. Determination:

(a)the cause of the claim;