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(영문) 수원지방법원 2016.10.06 2016가단512121

구상금

Text

1. As to KRW 20,179,653 and KRW 20,179,575 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 4, 2016 to July 19, 2016.

Reasons

Description of Claim

On January 27, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant as a non-profit special corporation that runs a guarantee business, setting the guarantee number B, the guaranteed principal principal amount of KRW 20,00,000, and the guarantee period from January 25, 2014 to January 21, 2019, to guarantee the principal and interest obligation that the Defendant owes as a loan from a point of dialogue with a national bank.

At the time of the above credit guarantee agreement such as damages for delay, when the plaintiff performed the above guaranteed obligation, the surety contractor agreed to pay to the plaintiff all incidental obligations such as the amount subrogated by the plaintiff, damages after the date of performance, expenses incurred in the performance of guaranteed obligation, the guarantee fee for the amount not terminated, additional guarantee fee added a certain percentage to the final applicable guarantee rate from the day following the date of payment of guarantee fee for the guaranteed obligation to the day before the expiration of guarantee, and other legal procedure expenses paid by

Around November 19, 2015, the Defendant, who paid the deposit, lost the benefit due to the delinquency of principal and did not pay the principal and interest of the loan. As a result, pursuant to the credit guarantee agreement, the liaison branch of a national bank submitted a notice of credit guarantee accident to the Plaintiff pursuant to the said credit guarantee agreement, in subrogation of the Defendant, the Plaintiff repaid KRW 20,389,125 as the principal and interest of the loan in accordance with the credit guarantee at the liaison branch of the national bank.

The occurrence and scope of the claim for reimbursement of 20,389,125 won out of the amount of subrogated payment of 20,389,125 won and the remaining amount of subrogated payment of the plaintiff remains 20,179,575 won.

From March 4, 2015, the rate of delay damages for the payment by subrogation is 12% per annum.

Of the amount paid by the Plaintiff, the amount of KRW 209,50 out of the amount paid by subrogation is collected to 78 won (=206,380 won x 12% x 12% x 3,170 won x 12% x 11 (3, 4, 4) x 3,170 won x 12% x 11 (3, 4, 365 from March 4, 2016 to 365, and delay compensation from the date of subrogation to the date of recovery for the recovered amount.