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(영문) 서울중앙지방법원 2014.07.15 2013가단5062813

구상금

Text

1. The defendant shall pay to the plaintiff KRW 37,005,809 and KRW 18,534,962 from February 18, 1997 to January 31, 1998.

Reasons

1. Facts of recognition;

A. On September 25, 1993, the Plaintiff entered into a credit guarantee agreement of KRW 30,000,000 as the guaranteed amount with the Defendant. Accordingly, on February 18, 1997, the Plaintiff subrogated KRW 25,687,37 to the National Bank.

B. The plaintiff filed a lawsuit for the claim of reimbursement amount against the Seoul District Court 2002Kadan24261. On August 14, 2002, the Seoul District Court sentenced that "the defendant paid 26,173,057 won to the plaintiff and 25,687,37 won from February 18, 1997 to January 31, 1998; 25% per annum from the next day to August 31, 1998; 20% per annum from the next day to December 31, 1998; 18% per annum from the next day to January 14, 2002; and 18% per annum from the next day to May 31, 200; and 20% per annum from the day to the day of full payment." The judgment of the court below 200Ra361 decided decided as the above.

C. Afterward, the Plaintiff recovered KRW 4,197,01, KRW 6,040 on July 29, 201, KRW 6,860 on May 16, 2012, and KRW 13,860 on December 20, 2012, and KRW 2,935,498 on October 30, 2013 as principal (other than that, collected KRW 26,060 on September 18, 2002, and appropriated the principal for the amount of KRW 30,70,000 on July 29, 201, KRW 7,00,000 on KRW 4,00,00 on KRW 4,00 on KRW 70,00 on KRW 7,00,00 on KRW 4,00 on KRW 1975,3684,79,57,970 on KRW 196,47,208 on this case’s substitute payment.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1 through 3, 3 through 5, 8, 9, 12-16, Eul evidence 1, 5-1, 2, 6-1, 3, 8-1, 2, and 8-2.