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(영문) 서울서부지방법원 2019.04.10 2018가단230987

구상금

Text

1. The Defendant’s KRW 34,165,559 among the Plaintiff and KRW 34,165,49 among them, shall be 10% per annum from February 9, 2018 to October 2, 2018.

Reasons

1. Facts of recognition;

A. On July 23, 2015, the Plaintiff entered into a credit guarantee agreement with the Defendant and the Defendant on July 23, 2015, setting the credit guarantee principal as KRW 25,00,000, and the guarantee term as of July 23, 2020, and issued a credit guarantee agreement.

B. On November 29, 2016, the Plaintiff entered into a credit guarantee agreement with the Defendant and the Defendant on November 29, 2016, setting the credit guarantee principal as KRW 17 million and the term of guarantee as of November 29, 2021, and issued a credit guarantee agreement.

C. At the time of the credit guarantee agreement, the Defendant agreed to pay damages for delay in accordance with the interest rate set by the Plaintiff within the limit of 25% per annum as stipulated under Article 28 of the Regional Credit Guarantee Foundation Act for the amount of the obligation performed by the Plaintiff after the date of the performance of the obligation (Article 10(1)6, and explanation of important matters related to the credit guarantee agreement). The interest rate set by the Plaintiff is 10% per annum from the date of the performance to the date of delivery of

Around that time, the Defendant borrowed KRW 25 million from C Bank, and KRW 20 million from D Bank. On November 24, 2017, the Defendant caused a guarantee accident that delayed payment of principal, and the Plaintiff subrogated for KRW 17,356,868 to C Bank and KRW 17,120,541 to D Bank on February 9, 2018.

E. The Plaintiff collected KRW 210,712 after subrogation for the C Bank and collected KRW 17,146,156 for the remaining principal for the amount of indemnity, and collected KRW 101,204 after subrogation for the D Bank, and collected KRW 17,019,337 for the remaining principal for indemnity, and the final delay damages incurred until February 8, 2018 are KRW 66.

[Ground for Recognition] Unsatisfy, each entry in Gap evidence 1 to 7 (including a Gazy number)

2. According to the above facts of recognition, the Defendant is the Plaintiff’s interest rate of delay in agreement from February 9, 2018 to October 2, 2018, which is the delivery date of a copy of the instant complaint.