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(영문) 창원지방법원 2018.09.20 2018가단102709

구상금

Text

1. As to KRW 35,261,052 and KRW 35,097,530 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 29, 2016 to January 17, 2018.

Reasons

1. Facts of recognition;

A. On April 7, 2014, the Plaintiff entered into a credit guarantee agreement (guarantee ratio of 85%, 35, 700,000 won) with a content that guarantees the performance of the obligation when the Plaintiff borrowed KRW 42,00,00 from an enterprise bank from the enterprise bank.

B. The Defendant jointly and severally guaranteed the obligation under the credit guarantee agreement for B.

C. B, around June 1, 2016 during the credit guarantee period, caused a credit guarantee accident by a natural body. Accordingly, on September 29, 2016, the Plaintiff repaid an enterprise bank a total of KRW 36,343,790 of the balance and interest of the loan in accordance with the credit guarantee agreement as above.

As of September 28, 2016, the amount of debt is KRW 35,246,260, the remainder remaining after subtracting the amount of KRW 1,266,260 from the amount of payment by subrogation, and KRW 35,097,530, the amount of finalized damages of KRW 1,246,260, which has been partially repaid, is KRW 163,52,052.

E. The interest rate for delay stipulated in the credit guarantee agreement of this case is 12% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of the principal and interest of the obligation KRW 35,261,052 and the remaining subrogated amount of KRW 35,097,530, a delay interest rate of KRW 12% per annum from September 29, 2016 to January 17, 2018, which is the delivery date of a copy of the complaint of this case, and the delay interest rate of KRW 15% per annum from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.