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(영문) 광주지방법원 2016.08.09 2016가단505610
구상금
Text

1. As to KRW 29,712,240 and KRW 29,711,958 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 10, 2015 to June 16, 2016.

Reasons

1. Following the facts of recognition may be found as follows: evidence A and evidence B Nos. 1 to 12, together with the purport of the whole pleadings.

On July 22, 2014, according to the credit guarantee agreement with the network B, the Plaintiff issued a credit guarantee statement that constitutes 30,000,000 won of the guaranteed amount to the Gwangju District Distribution Center Branch from July 22, 2014 to July 19, 2019.

B. Under the above credit guarantee agreement, if the Plaintiff met the guaranteed obligation, the net B agreed to pay the Plaintiff the amount of subrogation and the damages for delay in accordance with the Plaintiff’s interest rate from the date of the subrogation to the date of full payment.

C. A credit guarantee accident occurred after the net B obtained a loan from the Nonghyup Bank as collateral, and the Plaintiff subrogated to the Nonghyup Bank for the amount of KRW 30,572,498 ( principal KRW 30,000,000) on December 10, 2015.

The balance of the principal and interest of the Plaintiff’s subrogation for the deceased B is KRW 29,712,240 (including principal KRW 29,711,958), and the rate of delay damages is 12% per annum.

E. B died on July 12, 2015, and the Defendant, his father, succeeded to B’s property.

2. According to the above facts of determination, the Defendant, the heir of the deceased B, is obligated to pay to the Plaintiff the amount of KRW 29,712,240, the principal of the subrogated principal and KRW 29,711,958, whichever is the date of subrogation, to the Plaintiff at the rate of 12% per annum, which is the rate of delay damages, and 15% per annum, which is the date of service of the copy of the application for modification of the purport of the claim and the cause of the claim as of June 13, 2016, which is the date of delivery of the copy of the application for modification of the cause of the claim, from December 10, 2015 to June 16, 2016.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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