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(영문) 수원지방법원 2015.04.22 2014가단524861

구상금

Text

1. The defendant shall jointly and severally file with Efypt Korea Co., Ltd. and the same soil company and the plaintiff 166,998.

Reasons

1. Facts of recognition;

A. On June 29, 2009, the Defendant entered into an apartment sales contract with Ep-P Korea, and thereafter, took out loans from the Gwangju Bank for the payment of intermediate payments. On September 28, 2009, the Defendant entered into a credit guarantee agreement with the Plaintiff as to the Defendant’s obligation to repay housing loans to the non-party bank (hereinafter “the instant credit guarantee agreement”). On September 28, 2009, E-Pdididi Korea and the same Land Co., Ltd. jointly and severally guaranteed the Defendant’s obligation against the Plaintiff.

B. The Defendant was granted a loan of KRW 163,650,000 from the non-party bank based on the housing finance credit guarantee certificate issued by the Plaintiff.

C. Since then, the Defendant failed to repay the loan to the non-party bank, and the Plaintiff subrogated for KRW 178,441,91 on February 26, 2014 upon the request for performance of the guaranteed obligation of the non-party bank.

According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant may collect damages at the rate of 12% per annum from the day following the date of subrogation to the date of full payment.

E. Meanwhile, the Plaintiff’s KRW 4,470 on April 17, 2012, KRW 12,240 on the 30.12,240 on the same month, KRW 585,060 on June 20, 2013, KRW 13,00,656 on May 15, 2014, and KRW 656 on the same year.

6. 9. 52,136 won and 19,432 won for each of the 10. 52,136 won and 10. 19,432 won for the same month were recovered to repay the amount of subrogated payment, and the remainder of the subrogated payment is 165,731,97 won, and the remainder of the fixed delay damages is 326,525 won, and the additional guarantee fees are 940,2

[Ground for recognition] Unsatisfy, each entry of Gap 1-6 (including virtual number), and whether all pleadings are held

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant’s compensation amounting to KRW 166,98,762 (i.e., the remainder of the subrogated payment amount of KRW 165,731,97, the remainder of the fixed delay damages of KRW 165,731,97, and KRW 940,240).