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(영문) 광주지방법원순천지원 2015.09.24 2015가단11889

구상금

Text

1. The Defendant’s KRW 50,810,512 and KRW 29,239,787 among the Plaintiff, respectively, shall be 12% per annum from May 23, 2015 to July 2, 2015.

Reasons

According to the purport of Gap evidence Nos. 1 through 5, the plaintiff entered into a credit guarantee agreement with the defendant on July 14, 2009. The defendant borrowed 30 million won from the Nonghyup Bank as collateral for the plaintiff's credit guarantee. The plaintiff paid 30,475,947 won in total to the Nonghyup Bank on May 26, 2010 due to the defendant's delinquency in paying the principal and interest of loan, and then appropriated 1236,160 won in total to the principal and interest of loan subrogated to the defendant on May 26, 2010, and adjusted the balance of the subrogated payment to 29,239,787 won in total. As of May 22, 2015, it is recognized that the plaintiff's subrogation claim against the defendant for indemnity against the defendant as of May 26, 2015 to 29,29,239,787 won in subrogation, 2015,527,515 won in total.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as stipulated in the aforementioned credit guarantee agreement and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from May 23, 2015 to July 2, 2015, the original copy of the instant payment order was served on the Defendant from May 23, 2015, which is the day following the date of the final payment of damages for the said KRW 50,810,512 and the subrogated amount of KRW 29,239,787.

The plaintiff's claim is accepted.