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(영문) 인천지방법원 2015.11.03 2015가단232179
구상금
Text

1. As to KRW 44,855,663 and KRW 29,851,580 among them, the Defendant shall pay to the Plaintiff the year from August 14, 2015 to August 21, 2015.

Reasons

1. Determination on the cause of the claim

A. On June 30, 2009, June 29, 2011, the guarantee term of the guaranteed principal of the guaranteed principal, the guarantee term of the guaranteed principal, the Defendant of the Man-dong Branch of the New Bank (Business Name B) of the Han-dong Branch of the Han-dong Bank (Business Name B) on June 29, 2010, March 15, 2010, the Defendant (Business Name B) of the Man-dong Branch of the Han-dong Bank (Business Name B) on March 14, 2011, the Plaintiff (hereinafter referred to as “new bank”) of the Defendant, the Plaintiff, a new bank (hereinafter referred to as “new bank”).

(2) In order to secure the payment of the obligation to receive a loan from the Defendant, each of the following credit guarantee agreements with the Defendant was concluded, and the Defendant issued a letter of credit guarantee to the Defendant. (2) The Defendant received each loan from the new bank as security, from the new bank, from July 2, 2009, and from March 16, 2010, KRW 10 million.

3) After the occurrence of a credit guarantee event where the Defendant delays the payment of each of the above loans to the new bank, the Plaintiff subrogated to the new bank for the amount of KRW 29,989,100 on December 9, 2011 (i.e., the amount of subrogated payment under the credit guarantee contract dated June 30, 2010, KRW 20,000 under the credit guarantee contract dated March 15, 2010). Meanwhile, as of August 13, 2015, the amount of the Plaintiff’s indemnity against the Defendant as of August 13, 2015 is the total amount of KRW 44,885,63 (i.e., the amount of subrogated payment of KRW 29,851,580, KRW 14,812,163 on June 30, 209).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, barring special circumstances, shall pay to the Plaintiff the amount of KRW 44,885,663 for indemnity based on subrogation and the amount of KRW 29,851,580 for the remainder of the subrogated amount, 12% per annum from August 14, 2015, which is the date following the above settlement date until August 21, 2015, the delivery date of a copy of the complaint in this case, and damages for delay by 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

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