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(영문) 서울중앙지방법원 2017.01.18 2015가단5052292

구상금

Text

1. As to KRW 79,068,787 and KRW 77,757,797 among the Plaintiff, Defendant A’s year from February 11, 2015 to July 29, 2015.

Reasons

1. Basic facts

A. (1) The Plaintiff is a credit guarantee agreement between July 27, 2012 and Defendant A and the guaranteed amount of KRW 85,00,000, and the guarantee period from July 27, 2012 to July 26, 2017 (hereinafter “instant credit guarantee agreement”).

Defendant A entered into a contract. Defendant A agreed to pay the Plaintiff the amount paid by the Plaintiff in addition to the amount paid by the Plaintiff when the Plaintiff performed the guaranteed obligation under the said credit guarantee, delay damages, penalty, expenses incurred in paying the penalty, and expenses incurred in exercising the Plaintiff’s rights or in preserving the Plaintiff’s interest. The rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to December 1, 2012. (2) Defendant A was granted a loan of KRW 100,000,000 from the Suhyup Bank (hereinafter “Nonindicted Bank”) as security, issued by the Plaintiff pursuant to the said credit guarantee agreement.

3) On October 3, 2014, the non-party bank delayed the payment of interest, and notified the Plaintiff of the occurrence of a credit guarantee accident, such as the closure of business on October 20, 2014. On February 11, 2015, the Plaintiff subrogated for KRW 77,757,797 to the non-party bank in accordance with the credit guarantee agreement of this case. (4) The Plaintiff paid the amount of KRW 46,620 to the non-party bank for the purpose of preserving the claim for reimbursement due to the payment by subrogation, and the legal procedure cost for which the Plaintiff has not recovered is KRW 446,620, and the guarantee fee that the Defendant A failed to pay to the Plaintiff according to the credit guarantee agreement of this case is KRW 492,950, the overdue fee is KRW 15,120, and the penalty is KRW 3

B. 1) Defendant A is the real estate listed in the separate sheet (hereinafter “instant housing”).

B. Around June 10, 2008, the registration office received No. 23452 on April 25, 1991, as to the above housing, was owned by Defendant A, the creditor bank, the creditor bank, the maximum debt amount of KRW 24,700,00, and the registration office received on June 10, 2008, as the registration office received on June 10, 2008, as the obligor A, the creditor bank, the maximum debt amount of KRW 60,00,000.