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(영문) 서울중앙지방법원 2017.08.04 2016나84278

구상금

Text

1. The judgment of the court of first instance between the plaintiff and the defendant B against the defendant, which exceeds the following amount ordered to be paid:

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 5, 6 to 8, and Eul evidence No. 1, 2, and 1.

On March 4, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the deceased C (hereinafter “the deceased”) by setting the principal of the guarantee as KRW 9,500,000, and the term of the guarantee as of March 4, 2020, when the deceased received a loan from the non-party Eth-Friendly Savings Bank Co., Ltd. (hereinafter “non-party Ethy Savings Bank”).

According to the credit guarantee agreement of this case, where the Plaintiff reimburses the deceased’s loan guaranteed by the credit guarantee agreement, the deceased shall pay to the Plaintiff the amount of performance of the guaranteed obligation, ② delay damages in accordance with the interest rate determined by the Plaintiff from the date of subrogation to the date of repayment, ③ expenses incurred in the performance of the guaranteed obligation, ④ expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ⑤ unpaid guarantee fee, overdue guarantee fee

B. (i) The Deceased was granted a loan of KRW 10,00,000 from the non-party bank on the security of the credit guarantee certificate issued pursuant to the credit guarantee agreement of this case.

B. On May 10, 2016, the Deceased did not repay the principal and interest of the loan to the non-party bank, and the Plaintiff subrogated to the non-party bank totaling KRW 8,090,385 (= Principal KRW 7,916,673 + Interest KRW 173,712).

C. On May 10, 2016, the Plaintiff recovered KRW 181,550,000 on the part of the claim for reimbursement and appropriated the part of the claim for reimbursement. The final delay damages based on the rate of 12% per annum on the amount for reimbursement is KRW 59.

The deceased died on February 21, 2016, and the inheritor died on February 21, 2016.