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(영문) 창원지방법원 2019.04.24 2019가단103099

구상금

Text

1. The Defendant’s KRW 49,389,321 as well as the Plaintiff’s KRW 10% per annum from September 17, 2018 to January 17, 2019.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Defendant borrowed KRW 50,000,00 from a corporate bank. The Plaintiff concluded a credit guarantee agreement with the Defendant and guaranteed the said loan’s obligation.

B. Upon the Defendant’s delay in repayment of the above loans, the Plaintiff subrogated for KRW 49,417,001 (i.e., principal KRW 49,267,778 and interest KRW 149,223) to a corporate bank on September 17, 2018, and recovered KRW 27,680 from the Defendant.

C. Under the above credit guarantee agreement, the Defendant paid the Plaintiff’s subrogated payment in addition to the damages for delay at the rate determined by the Plaintiff. The rate of damages for delay determined by the Plaintiff is 10% per annum after February 1, 2016.

【Reasons for Recognition】 Each entry of evidence Nos. 1 through 7, and the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiff 49,389,328 won [=49,389,321 won in the balance of the subrogated payment (=49,417,01 won - 27,680 won] and seven won in the fixed delay damages for the amount of subrogated payment of KRW 49,389,321 in the amount of subrogated payment], which is obvious from September 17, 2018 to January 17, 2019, which is the date of delivery of the payment order in this case from September 17, 2018 to January 17, 2019, the agreed delay damages rate of KRW 10% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim for conclusion is justified and accepted.