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(영문) 서울서부지방법원 2018.01.26 2017가단215899
구상금
Text

1. The Defendant’s KRW 25,743,213 and the said KRW 25,733,913 among the Plaintiff’s KRW 25,743,213 and the said KRW, respectively, shall be from September 30, 2016 to October 2017.

Reasons

1. Indication of claim;

A. When a loan and credit guarantee B obtained a loan of KRW 29,700,000 from the Nonghyup Bank, the Plaintiff provided a credit guarantee by setting the guarantee period from October 2, 2014 to October 1, 2019, with the guarantee amount at KRW 27,730,000.

After that, the amount of security deposit was changed to 26,730,000 won.

(hereinafter referred to as the "credit guarantee in this case").

If the content of the credit guarantee agreement in this case is fulfilled by the Plaintiff to the Nonghyup Bank, the Plaintiff agreed to pay the Plaintiff the amount of the Plaintiff’s subrogation and the agreed damages for delay, ② the penalty for breach of contract, ③ the legal procedure costs, etc.

C. The joint and several sureties guaranteed the obligation owed by B to the Plaintiff in the instant credit guarantee agreement.

1) On October 2, 2016, the Plaintiff paid KRW 26,832,366 to the Nonghyup Bank on behalf of the Plaintiff on behalf of the Plaintiff, including subrogation. 2) Since then, the Plaintiff recovered KRW 98,453 from the obligor.

3) The agreed damages for delay with respect to KRW 98,453 from the date of subrogation to the date of recovery was determined by 300 won (determined damages). E. 1) 25,734,213 won (=25,73,913 won = 26,832,366- recovered damages - 300 won for fixed damages) 2) 25,733,913 won (i.e., the scope of the claim for indemnity) 25,73,913 won (i.e., the amount of subrogated payment to KRW 26,832,366- recovered damages 98,453), the rate of delay damages for delay from September 30, 2016 to October 24, 2017 is 10% per annum. (ii) Inheritance died on May 10, 2016; grounds for recognition by the Defendant solely inherited the deceased C’s property: Article 208(3)2, main text of the Civil Procedure Act

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