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(영문) 서울중앙지방법원 2016.07.20 2016가단5013324

구상금

Text

1. The defendant shall pay to the plaintiff 166,452,343 won and 163,635,961 won among them. From June 17, 2005 to November 15, 2005.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the Defendant on November 30, 2004, issued a credit guarantee agreement with the guaranteed principal of KRW 170,000,000, and the guarantee term of December 1, 2008.

The defendant submitted the credit guarantee statement to the Industrial Bank of Korea (hereinafter referred to as the "Industrial Bank") and received loans of KRW 200 million.

B. The Defendant did not pay the principal and interest on February 2, 2005.

On June 17, 2005, the Plaintiff received a claim from the non-party bank to pay the guaranteed debt, and subrogated for KRW 173,314,394 to the non-party bank.

The base rate of damages for delay, which is the date of subrogation, is 17% per annum.

C. The plaintiff filed a lawsuit against the defendant (Seoul Central District Court 2005Gahap90082), and on January 20, 2006, "the defendant and B jointly and severally paid to the plaintiff the amount of 173,314,394 won per annum from June 17, 2005 to November 15, 2005, and the amount of 20% per annum from the next day to the date of full payment," which became final and conclusive on February 18, 2006.

(hereinafter “instant judgment”) D.

After the judgment of this case, the Plaintiff received reimbursement of KRW 9,678,433 from the Defendant and B, and appropriated it to the principal.

Damages for delay from the date of subrogation for the repaid amount to the date of repayment are 2,816,382 won.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the instant judgment.

The Defendant is obligated to pay to the Plaintiff the agreed interest rate of 166,452,343 won (i.e., KRW 163,635,961 for the agreed interest rate of KRW 2,816,382 for the agreed interest rate of KRW 163,635,961 for the agreed interest rate of KRW 163,635,961 for the agreed interest rate of KRW 17% from June 17, 2005 to November 15, 2005; and 20% per annum from the following day to September 30, 2015 for the agreed interest rate of KRW 15% for the agreed interest rate of KRW 163,635,961 for the agreed interest rate of KRW 163

B. Defendant’s assertion