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(영문) 대전지방법원 2016.10.13 2016가단217618

구상금

Text

1. As to KRW 46,341,709 and KRW 46,103,819 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 27, 2014 to August 31, 2015.

Reasons

The plaintiff entered into a credit guarantee agreement with the defendant around September 21, 2007 (hereinafter "credit guarantee agreement of this case"). The plaintiff, based on the credit guarantee agreement of this case, issued a housing finance credit guarantee agreement of this case with the amount of security deposit of 48 million won (the guaranteed principal of 43.2 million won) and the term of guarantee until May 31, 2009. The defendant received a loan of 48 million won from one bank on September 21, 2007 in accordance with the above credit guarantee of the plaintiff. As the defendant lost the benefit of the above loan obligation, the Han Bank requested the plaintiff to pay the guaranteed obligation of this case. The plaintiff did not pay the guaranteed obligation of 46,103,819 won to one bank on June 26, 2014, the amount of guarantee deposit of this case shall be 48,200,0000 won (the guaranteed principal of the guaranteed principal of 43.20,000 won) and the defendant shall pay it to the plaintiff within 38.15% per annum of this case.

According to the above facts, the defendant is obligated to pay to the plaintiff 46,341,709 won (=46,103,819 won unpaid as 46,103,819 won for subrogation) and 46,103,819 won for subrogation, 12% per annum for delay interest rate from June 27, 2014 to August 31, 2015, which is the day following the date of payment by subrogation, and 8% per annum for delay interest rate from the next day to July 8, 2016, which is the date of delivery of the original copy of the payment order in this case, and 15% per annum for delay interest rate from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.