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(영문) 춘천지방법원 2015.04.07 2013가단16964

구상금 등

Text

1. The Defendant’s annual interest in KRW 95,723,549 and KRW 95,472,420 among the Plaintiff, from December 13, 2013 to January 10, 2014.

Reasons

1. Facts of recognition;

A. On October 19, 2012, the Plaintiff entered into a credit guarantee agreement under the term of 95,00,000 won with the guaranteed principal, and the term of 18, 2013 with the Defendant, etc., as the instant company obtained a loan from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) (hereinafter “CF”) and jointly and severally guaranteed the Defendant, etc.’s obligation to the Plaintiff under the said credit guarantee agreement.

B. In concluding the instant credit guarantee agreement, the instant company agreed to reimburse the Plaintiff for the amount of subrogated payment and damages for delay as determined by the Plaintiff from the date of repayment thereof (12% per annum from January 2012 to January 2012 under Article 28 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of guaranteed obligations, and expenses incurred in the preservation, transfer, and exercise of rights acquired through the performance of guaranteed obligations.

C. The instant company submitted a credit guarantee statement issued pursuant to the instant credit guarantee agreement to the Nonghyup Bank and borrowed KRW 100,000,000 from the said bank on October 19, 2012, but on November 25, 2013, a credit guarantee accident due to the application for rehabilitation occurred.

Accordingly, on December 5, 2013, the Plaintiff subrogated to the Nonghyup Bank for the principal amounting to KRW 95,545,950 (=principal amounting to KRW 95,000,000 and interest KRW 545,950). On the same day, the amount of subrogated payment remains to KRW 95,472,420 by offsetting the unpaid guarantee fee amount to KRW 73,530 on the same day.

In addition, with respect to the payment by subrogation, 251,129 won was incurred at the rate of 12% per annum, which is the agreed damages rate from the date of subrogation until December 12, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant shall pay the plaintiff the remaining subrogated amount of KRW 95,723,549 = 95,472.