beta
(영문) 서울중앙지방법원 2016.08.25 2016가단5098189

구상금

Text

1. The defendant's KRW 36,00,000 and its amount shall be 18% per annum from April 12, 2004 to November 8, 2006 to the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4 and the overall purport of the pleadings:

On August 18, 2001, the Plaintiff concluded a credit guarantee contract for a national bank for a corporation with the Defendant as KRW 255,000,000,000. At the time of the above contract, the Plaintiff and the Defendant agreed to reimburse the Plaintiff for the amount of subrogation, the damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation to the date of full payment, the additional guarantee fee and the overdue guarantee fee, and the legal procedure expenses incurred by the Plaintiff for the enforcement and preservation of the right to demand reimbursement.

(hereinafter referred to as the “instant credit guarantee contract”) B.

The Plaintiff subrogated 240,776,909 won to the National Bank of Korea Co., Ltd. on April 12, 2004 in accordance with the instant credit guarantee contract.

C. The Plaintiff filed a lawsuit with the Seoul Central District Court 2006Kadan237102 against the Defendant and the Defendant’s joint guarantor for the repayment obligation under the credit guarantee contract of this case against B, C, and D, who are joint and several suretys of the Defendant’s reimbursement obligation, and the above court rendered a decision on November 24, 2006 regarding the above case, including “the Defendant shall pay to the Plaintiff 242,46,49 won and 240,76,909 won with 18% per annum from April 12, 2004 to November 8, 2006, and 20% per annum from the next day to the date of full payment,” and the above decision became final and conclusive.

By April 14, 2016, the Defendant repaid the Plaintiff the principal amount of KRW 32,735,010 for indemnity under the credit guarantee contract of this case, and the damages for delay calculated by the agreed ratio on the said amount is KRW 39,77,403.

2. According to the allegations and the above facts of recognition, the amount that the defendant is liable to pay to the plaintiff according to the credit guarantee contract of this case shall be principal.