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(영문) 울산지방법원 2020.10.30 2020가단116158
구상금
Text

The defendant's 57,280,015 won and 57,082,575 won among the plaintiff's 57,280,015 won per annum from March 17, 2020 to July 7, 2020.

Reasons

1. Facts of recognition;

A. On June 22, 2015, the Plaintiff took out a loan from the Defendant, Co., Ltd. (Co. (Co., Ltd. before the change) to the Cyber Fund. As such, the Plaintiff concluded a housing finance credit guarantee agreement with the amount of security deposit at KRW 56.7 million.

B. On June 22, 2015, the Defendant was granted a loan of KRW 63 million from the said bank, based on a letter of guarantee issued by the Plaintiff pursuant to the said credit guarantee agreement.

C. The Defendant delayed the payment of the principal and interest of the above loan, and on March 16, 2020, the Plaintiff repaid KRW 57,082,575 out of the above loan to the above bank on behalf of the Defendant.

At the time of the above credit guarantee agreement, the Defendant agreed to the Plaintiff that “the matters concerning the payment of guarantee fees, overdue fees, and additional guarantee fees shall be governed by the rate, calculation method, and collection period determined by the Plaintiff based on the Korea Housing Finance Corporation and the Enforcement Decree of the same Act, and when the Plaintiff fulfilled the guaranteed liability, the amount thereof and the amount thereof shall be repaid at the rate determined by the Plaintiff based on the above applicable law order.” The overdue interest rate determined by the Plaintiff is 8% per annum, and the Defendant’s additional guarantee fees unpaid until March 16, 2020 are 197,440 won.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition as to the plaintiff's claim, the defendant is obligated to pay to the plaintiff 57,280,015 won in total (57,082,575 won in total) and 57,082,575 won in subrogation after the date of payment for the amount of reimbursement for the plaintiff 57,082,575 won in total, unless there are other special circumstances, the amount of damages for delay calculated at the rate of 8% per annum agreed from March 17, 2020 to July 7, 2020, when the copy of the complaint of this case was delivered to the defendant from July 7, 2020, and from the next day to the date of full payment, 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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