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(영문) 서울중앙지방법원 2018.05.01 2017가단5181552

구상금

Text

1. As to KRW 329,518,127 among the Plaintiff and KRW 329,458,018 among the Plaintiff, Defendant A shall have from October 20, 2016 to November 30, 2017.

Reasons

1. Determination as to the claim against Defendant A

A. 1) The Plaintiff entered into a credit guarantee agreement with Defendant A and issued a written credit guarantee agreement. < Amended by Act No. 11137, Feb. 24, 201; Act No. 11373, Feb. 23, 2011; Act No. 13173, Feb. 24, 2011; Act No. 13154, Feb. 24, 2011; Act No. 1485, Feb. 17, 2017; Act No. 1684, Feb. 23, 2011; Act No. 1684, Feb. 24, 2017; Act No. 16813, Feb. 24, 2017; Act No. 16813, Feb. 24, 2017; Act No. 16830, Mar. 26, 2013>

Accordingly, on October 20, 2016, the Plaintiff subrogated to the Korea CTR Bank for KRW 160,750,083 on February 24, 2011, and KRW 171,941,810 on March 28, 2013, and KRW 332,691,893 on behalf of the Plaintiff.

In the above process, the Plaintiff recovered KRW 2,837,98 from October 20, 2016 to April 21, 2017, and collected KRW 3,233,875 to repay the principal amount to Defendant A, respectively, and the Plaintiff incurred KRW 26,544 (= KRW 13,597, KRW 12,947).

Meanwhile, the rate of damages for delay under the credit guarantee agreement of this case is 10% per annum from February 1, 2016.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 9 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts of determination, Defendant A: (a) 329,518,127 won = 332,691,893 won by subrogation; (b) 3,233,875 won by subrogation; (c) 2,871,553 won by subrogation; and (d) 2,837,988 won by subrogation.