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(영문) 수원지방법원 2015.10.16 2015가단106901

구상금

Text

1. The Plaintiff:

A. As to KRW 52,685,546 and KRW 52,323,324 among Defendant A, Defendant A, from October 22, 2012 to June 25, 2015.

Reasons

1. Basic facts

A. On December 4, 2009, the Plaintiff entered into a credit guarantee agreement between C and C with respect to the principal and interest obligation of KRW 60 million loaned by a national bank by the national bank until December 3, 2010 (the period extended by November 30, 2012 due to the second revision of the terms).

B. In the above credit guarantee contract, C agreed to pay the amount of performance, delay damages in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer and exercise of the right acquired by the Plaintiff due to the performance of the guaranteed obligation. The rate of delay damages to be applied in the above case is 12% per annum from December 1, 2012 to

C. Defendant A jointly and severally guaranteed C’s obligation to the Plaintiff under the said credit guarantee contract.

After all, C fails to pay interest on loans to a national bank, and the national bank notified the Plaintiff of a credit guarantee accident and subrogated the Plaintiff to the National Bank for KRW 52,421,404 ( principal KRW 51,00,000,000) on October 22, 2012, the Plaintiff recovered KRW 98,080 on the same day and appropriated the payment by subrogation for the payment by subrogation, and the remainder of payment by subrogation is KRW 52,323,324 on the same day. The amount of fixed damages is KRW 40,362,182.

E. On July 4, 2012, C received the inheritance of D, E, F, and Defendant B’s children’s property, but D, E, and E reported the renunciation of inheritance under the Suwon District Court Decision 2012Ra1837, August 7, 2012, which was accepted on October 19, 2012. Defendant B, on February 22, 2013, filed a qualified acceptance report with Suwon District Court 2013Ra49, May 7, 2013.

[Ground of recognition] Unsatisfy, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the above recognition, as to ① Defendant A’s remainder of KRW 52,685,546 (the remainder of the subrogated reimbursement of KRW 52,323,324) and the remainder of KRW 52,323,323,324 (the remainder of the subrogated reimbursement of KRW 52,362,182), the date of subrogation, from October 22, 2012, which is the date of subrogation.