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(영문) 서울중앙지방법원 2019.06.19 2019가단5029535
구상금
Text

1. As to KRW 5,037,566,410 and KRW 5,031,663,010 among the Plaintiff, the Defendant shall start from April 3, 2014 to January 5, 2017.

Reasons

1. Basic facts

A. On June 26, 2013, the Plaintiff entered into a credit guarantee contract with a non-party company B (hereinafter “non-party company”) on the loan received as follows.

The Defendant and C jointly and severally guaranteed the debt owed by the non-party company to the Plaintiff according to the credit guarantee contract.

B. On July 1, 2013, the non-party company (i.e., the non-party company) borrowed KRW 5,000,000,000 from D (hereinafter “D”) as security the export credit guarantee certificate issued to the Plaintiff.

C. The content of the credit guarantee agreement provides that when the Plaintiff fulfilled the guaranteed obligation, the non-party company entered into an agreement with the Plaintiff to reimburse the repayment of the said guaranteed obligation and damages for delay at the rate determined by the Plaintiff (14% per annum until January 5, 2017, and 11% per annum from the next day).

On February 21, 2014, the occurrence of a guarantee accident, subrogation, etc., and the occurrence of a guarantee accident, which is the loss of the benefit of time, under Article 7(1)1 of the Basic Terms and Conditions for Credit Transactions (the time when provisional attachment, seizure order or disposition of arrears, notification of seizure is sent, or compulsory execution or disposition of arrears is commenced by any other means) for the non-party company.

Accordingly, on April 2, 2014, the Plaintiff paid KRW 5,000,000,000 and interest KRW 31,663,010 to Nonparty Company on behalf of Nonparty Company, and paid KRW 5,903,40 as the cost of securing the claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff KRW 5,037,566,410 and KRW 5,031,663,010, whichever is the date following the date of subrogation, 14% per annum, which is the annual interest rate from April 3, 2014 to January 5, 2017, and from the following day to January 16, 2019, which is the date of service of the original copy of the instant payment order.

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