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(영문) 서울서부지방법원 2016.11.29 2016가단249918

구상금

Text

1. The Defendant’s KRW 46,180,365 as well as the Plaintiff’s KRW 10% per annum from August 31, 2016 to September 29, 2016.

Reasons

1. Comprehensively taking account of the purport of the arguments as to the grounds for the claims, Gap evidence Nos. 1 through 4, the plaintiff provided credit guarantee for the repayment of the principal and interest of a small and medium enterprise loan of the Bank of Korea amounting to KRW 50,00,00 on November 17, 2014 (80%) and KRW 7,500,000 on September 4, 2015 (80%). The defendant provided credit guarantee for the repayment of the principal and interest of a small and medium enterprise loan of KRW 80% on June 29, 2015 (80%). The defendant, without paying the principal and interest of each of the above loans, suspended or closed the business on June 29, 2015, caused a credit guarantee accident under each of the above credit guarantee agreements, and the plaintiff, at the request of the Bank of Korea on August 31, 2016, guaranteed the principal and interest of KRW 180,300,50,400 (50,500 principal and interest principal).

According to the above facts, the defendant is obligated to pay the plaintiff the amount of subrogation 46,180,365 won and the amount of delay damages at each rate of 10% per annum under the credit guarantee agreement from August 31, 2016 to September 29, 2016, which is the date of delivery of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's argument as to the defendant's assertion acknowledged the facts of the cause of the claim, but because the defendant filed an application for individual rehabilitation on August 4, 2016, it cannot respond to the plaintiff's claim, and asserts that the debt of this case shall be repaid in accordance with

Any individual rehabilitation creditor who is dissatisfied with the list of individual rehabilitation creditors under Articles 596, 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act shall file an application for a final judgment on a final judgment on an individual rehabilitation claim within the objection period prescribed at the same time as the decision on an individual rehabilitation procedure is made.