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(영문) 서울남부지방법원 2017.03.24 2016가단264307
구상금
Text

1. As to KRW 149,126,182 and KRW 148,475,104 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 30, 2013 to August 31, 2015.

Reasons

1. Facts of recognition;

A. On July 21, 201, the Plaintiff, upon the Defendant’s application for a guarantee, provided a housing credit guarantee (guarantee number: B) for three years after a guarantee period is extended and treated KRW 200,000,000 as the guaranteed amount to a national bank.

At that time, the defendant agreed to repay the amount of the loan received from the national bank to the plaintiff when the plaintiff pays the amount of the loan on behalf of the defendant by subrogation of the defendant.

B. On July 21, 201, the Defendant, based on a housing finance credit guarantee received from the Plaintiff, obtained a loan of KRW 200,000,000 from the National Bank as a housing fund. The Defendant’s failure to repay this amount, on behalf of the Defendant, paid KRW 18,715,654 on March 29, 201, following the Defendant’s request for the performance of guaranteed obligation by the National Bank.

C. The Plaintiff’s loss rate of the said housing credit guarantee is 12% per annum from March 30, 2013 to August 31, 2015, which is the next day from the date of the Plaintiff’s subrogation, and 8% per annum from the next day to the date.

Meanwhile, the Defendant repaid KRW 40,240,550 to the Plaintiff and appropriated the remainder of the subrogation to the extent of that amount, and left KRW 148,475,104. The fixed delay damages (from March 30, 2013 to July 22, 2013) taking into account the said subrogation were 651,078 won.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 8-2 and the purport of the whole pleadings

2. According to the facts found in the above determination, the defendant 149,126,182 won (i.e., the amount of subrogated payment of KRW 148,475,104; KRW 651,078; and the amount of subrogated payment of KRW 148,475,104, which is the day following the date of subrogation, shall be 12% per annum from March 30, 2013 to August 31, 2015; the rate of 8% per annum from the following day to December 9, 2016, which is the date of delivery of the original copy of the payment order of this case; and the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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