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(영문) 인천지방법원 2016.01.28 2015가단58258

구상금

Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and 5% per annum from August 28, 2015 to September 10, 2015; and (b) the Plaintiff.

Reasons

1. The following facts of recognition may be acknowledged by integrating the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4.

On December 31, 2011, the Defendant borrowed KRW 110 million from Nonparty C until January 31, 2012, the due date for payment of the interest was determined as KRW 16 million. At the time, the Plaintiff, upon the Defendant’s request, guaranteed the Defendant’s obligation to return the principal and interest of the loan to Nonparty C.

B. As the Defendant did not pay the principal and interest of the loan, the Plaintiff received payment demand from C and subrogated to C for KRW 110 million on August 27, 2015.

2. According to the facts of recognition as above, the Plaintiff acquired the right to indemnity equivalent to the amount of reimbursement by subrogation of the Defendant’s principal and interest of the loan to the Defendant as a joint guarantor. As such, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 110 million for indemnity and 5% per annum as prescribed by the Civil Act from August 28, 2015 to September 10, 2015, the service date of the original copy of the instant payment order, from September 30, 2015, which is the service date of the original copy of the instant payment order, and 20% per annum as prescribed by the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015, and 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.