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(영문) 서울남부지방법원 2018.10.17 2018가단223393

구상금

Text

1. The Defendant’s annual interest in KRW 86,737,398 and KRW 86,737,398 among the Plaintiff, from July 21, 2015 to January 31, 2016.

Reasons

1. Determination as to the cause of claim

(a) The facts below the recognition do not conflict between the Parties;

1) On October 2, 2013, the Plaintiff entered into a credit guarantee agreement with the Korea Technology Finance Corporation under the Korea Technology Finance Corporation Act on the following terms and conditions with respect to the loans that the Defendant would take on loan from a national bank. 2) At the time of the said credit guarantee agreement, the Defendant agreed to pay the Plaintiff the amount paid by the Plaintiff for the performance of the principal obligation and the damages for delay thereof, adding additional guarantee fees to the amount paid by the Plaintiff for the performance of the principal obligation, ② additional guarantee fees calculated by adding the rate of the final applicable guarantee fee from the day following the payment date of the guarantee fee for the amount not terminated to the day preceding the expiration date of the guarantee, ③ additional expenses paid by the Plaintiff for the preservation of the claim for reimbursement. The amount of damages determined by the Plaintiff is 12% per annum from December 1, 2012 and 10% per annum from February 1, 201

3) On May 4, 2015, the Defendant lost the benefit of the period for the obligation to pay the loan due to late payment. On May 4, 2015, the Plaintiff paid 86,737,398 won of the principal and interest of a national bank (287,704 won with the balance of the guaranteed principal) by subrogation until July 20, 2015 upon receipt of a credit guarantee accident notice, until July 20, 2015, and paid 170,130 won with the legal procedure cost for preserving the claim for reimbursement. (B) According to the above credit guarantee agreement, the Defendant is obligated to pay the Defendant 86,907,528 won (i.e., 737,737,398 won, 130 won with the annual interest rate of 86,737,7398 won and the annual interest rate of subrogation from the date following the agreement to the date of delinquency 16,2160% to the 15th day of the date of the agreement.

2. Conclusion