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(영문) 대전지방법원천안지원 2019.05.29 2019가단100819
구상금
Text

1. As to KRW 31,610,125 among the Plaintiff and KRW 31,52,195 among the Plaintiff, the Defendant shall annually year from October 18, 2018 to December 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the main content that the Plaintiff provides credit guarantee within the scope of KRW 36,000,00 with respect to loans that the Defendant borrowed from B bank for the purpose of lease deposit (hereinafter “the instant credit guarantee agreement”).

B. The Defendant submitted a guarantee issued under the instant credit guarantee agreement and received a house loan of KRW 40,000,000 from B Bank.

C. The Defendant lost the benefit of time by delaying the repayment of the principal and interest of the loan obligation to B Bank.

The Plaintiff repaid KRW 31,522,195 to B Bank on October 17, 2018, based on the instant credit guarantee agreement in subrogation of the Defendant.

The interest rate for delay determined by the Plaintiff is 87,930 won and the interest rate for delay determined by the Plaintiff is 8% per annum.

【Ground of recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay 31,610,125 won (=31,522,195 won) and 31,522,195 won of principal, which is the day following the date of subrogation of the plaintiff, to December 18, 2018, which is the day of delivery of a copy of the complaint of this case, to December 18, 2018, the interest rate of 8% per annum as determined by the plaintiff, and delay damages calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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