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(영문) 인천지방법원 2020.06.10 2019가단224848

구상금

Text

1. As to KRW 47,494,233 and KRW 10,218,561 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 3, 2014 to August 31, 2015.

Reasons

1. Determination as to the cause of claim

(a)The following facts are not disputed between the parties or may be admitted by each entry in Gap evidence 1 to 7, 13, and 14:

1) On January 7, 2010, the Defendant entered into a housing finance credit guarantee agreement (hereinafter “instant guarantee agreement”) with D Co., Ltd. (hereinafter “D Bank”) which is an institution entrusted with Plaintiff’s business, on January 7, 2010 for the loan of intermediate payment of B apartment C (hereinafter “instant apartment”). On January 30, 2013, the Plaintiff changed the term of guarantee to June 30, 2013 at the request of the Defendant. 2) When the Plaintiff fulfilled the guaranteed obligation under the instant guarantee agreement, the Defendant shall pay the Plaintiff the amount of the amount of the reimbursement on behalf of the Plaintiff, the amount of the compensation for the damages for delay and the amount of the compensation for the claims calculated at the rate determined by the Plaintiff (Article 10), and the additional guarantee fee (Article 4) according to the rate and calculation method set by the Plaintiff.

The Plaintiff determined the rate of damages for delay to be 12% per annum until August 31, 2015 and 8% per annum from the following day, and the additional guarantee fee to the end of the payment from the following day of the payment due to the remainder of the guarantee to the date of the payment due (excluding the period during which the guarantee fee is paid) by adding the final guarantee fee rate of 0.5% to the date of the payment due (excluding the period during which

3) AD Bank loaned KRW 140,460,00 to the Defendant on January 21, 2010 under the Plaintiff’s credit guarantee. However, on May 29, 2013, the Defendant lost the benefit of time due to the delay in payment of the above loan interest. 4) D Bank requested the Plaintiff to discharge the guaranteed obligation under the instant guarantee agreement on February 25, 2014, and the Plaintiff paid KRW 150,701,301 (= Principal KRW 140,460,00) to D Bank on May 2, 2014, KRW 150,701,301 (= Principal KRW 9,747,691, KRW 493,610).

5) The Plaintiff spent KRW 368,100 as the cost of preserving the Defendant’s property’s claim. On February 7, 2013, the Plaintiff received the final guarantee fee (it refers to 0.2% of the guarantee fee rate from February 7, 2013 to July 1, 2013, during the pertinent period). The details of calculation of the amount of the daily reserve (which is less than the original amount) on the date of the subrogated repayment (the amount of penalty).