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(영문) 서울중앙지방법원 2021.01.27 2019나50313

구상금

Text

The judgment of the first instance court is modified as follows.

The defendant shall pay to the plaintiff KRW 10,903,164 and KRW 6,228,58 of the above money.

Reasons

1. Facts of recognition;

A. On August 11, 2009, pursuant to the Guarantee Transaction Agreement with D, the Plaintiff issued a guarantee number E, predetermined amount of 7,740,000 won, and three-year credit guarantee certificate (100%: 10%) from the date of a transition loan with the term of guarantee.

D submitted the said guarantee on August 12, 2009 and borrowed KRW 7,740,000 from F Co., Ltd. (hereinafter “F”).

Accordingly, the plaintiff guaranteed D's obligation to repay the above loan principal and interest to D's F within the scope of the above credit guarantee.

B. In entering into the said guarantee transaction agreement, the Plaintiff and D agreed to pay to the Plaintiff the amount of subrogated repayment made by the Plaintiff for the performance of the guaranteed obligation, the amount of delay damages calculated by the Plaintiff’s fixed damages rate (17% per annum) from the date of payment to the date of full payment, and the legal procedure expenses (provisional payment) incurred by the Plaintiff for the enforcement or preservation of the rights by the performance of the guaranteed obligation.

(c)

D) The Plaintiff, as a guarantor, subrogated to the payment of the principal and interest of the above loan amounting to F on October 8, 2010, on the ground that the Plaintiff lost the benefit of time due to the delay in payment of the principal and interest of the loan, and did not make any change thereto, and thus, the Plaintiff subrogated to F on October 8, 2010 (= Won 6,056,678 + Interest KRW 171,910)

(d)

On October 8, 2010, on the date of subrogated repayment, F transferred 316,949 won of interest on the remainder of the loan (the difference between interest on overdue interest rate and agreed interest rate) excluding the portion repaid by the Plaintiff (cost + interest on the agreed interest rate) by subrogation from among the above loan principal and interest on D on October 8, 2010, to the Plaintiff, and notified the Plaintiff of the transfer to the head of the port at that time.

E. Of the legal procedure costs incurred by the Plaintiff to preserve the above claim for reimbursement, the outstanding amount is KRW 104,040.

F. Around May 31, 2010, G, H, I, her spouse, H, her child, J, her mother, her sibling, K, L, B, and C (hereinafter “C”). However, G, H, and I, the deceased’s first priority heir, as Seoul Family Court 201, were 635, and 2.