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(영문) 춘천지방법원강릉지원 2020.10.14 2019가단34615

구상금

Text

1. As to KRW 30,948,450 and KRW 30,694,726 among the Plaintiff, Defendant A shall be from July 12, 2019 to September 16, 2019.

Reasons

1. Determination as to the claim for reimbursement against Defendant A

A. The Plaintiff and Defendant A entered into a credit guarantee agreement and made a credit guarantee agreement on November 8, 2018, and accordingly, the Plaintiff provided a credit guarantee for Defendant A to obtain a loan of KRW 30 million from C Bank. (2) According to the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation for Defendant A, Defendant A shall reimburse the Plaintiff of the amount of the guaranteed obligation, the amount of the guaranteed obligation, the rate calculated by the Plaintiff’s calculation method from the date the guaranteed obligation was discharged to the date the guaranteed obligation was repaid, and the expenses incurred in exercising the right to compensate for the rights acquired through the performance of the guaranteed obligation.

From March 1, 2018, the rate of delay damages determined by the Plaintiff is 10% per annum.

3) Defendant A delayed payment of interest on the above Cbank loans on March 5, 2019, and due to a credit guarantee accident on or around May 7, 2019, C Bank notified the Plaintiff of the credit guarantee accident. On July 12, 2019, the Plaintiff subrogated to C Bank for KRW 30,694,726 (i.e., principal and interest amount of KRW 30,00,000) on behalf of the Plaintiff on July 12, 2019 (i.e., KRW 694,726). Meanwhile, the amount of expenses incurred by the Plaintiff in making a provisional attachment, provisional disposition, etc. on the real estate of Defendant A is KRW 253,724. 【The fact that there is no dispute over the grounds for recognition, the entries in subparagraphs 1 through 6, and

B. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff 30,948,450 won (=30,694,726 won by subrogation) and, among them, 30,694,726 won by subrogation, 10% per annum under the agreement from July 12, 2019 to September 16, 2019, which is the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination on the claim for revocation of fraudulent act against Defendant B

(a)the establishment of a fraudulent act; the act of disposing of one property and the occurrence of a preserved claim;