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(영문) 서울동부지방법원 2020.02.04 2018가단137147
구상금
Text

1. The defendant shall pay to the plaintiff KRW 155,67,265 as well as KRW 66,581,340 from July 23, 2007 to May 8, 2008.

Reasons

1. Facts of recognition;

A. On March 21, 2002, the Plaintiff entered into a credit guarantee agreement with the Defendant on the principal and interest of loans to be borne by the Defendant at the same branch of the Industrial Bank of Korea.

According to the above agreement, where the plaintiff repaid the principal and interest of the defendant on behalf of the defendant, the defendant shall pay to the plaintiff the amount of subrogation and the damages for delay calculated at the rate determined by the plaintiff (15% per annum after the date of subrogation) from the date of the payment of the amount of subrogation to the date of full payment. At the time of the above agreement, B, C, and D jointly and severally guaranteed the defendant'

B. On March 22, 2002, the Defendant obtained a loan from the above bank by using the above agreement, and on May 31, 2007, as a guarantee accident occurred, the Plaintiff subrogated for KRW 227,289,424 on July 23, 2007, and recovered KRW 22,523,620 among them. The damages for delay from the subrogated payment to the recovery date are KRW 24,020.

C. On July 22, 2008, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the remainder amounting to KRW 204,765,804 and damages for delay, and received a favorable judgment (Seoul Central District Court Decision 2007Gahap102132), which became final and conclusive August 23, 2008.

After the judgment became final and conclusive, from June 29, 2018 to June 29, 2018, the Plaintiff received a total of KRW 138,184,464 from the said joint and several sureties and appropriated it to the principal of the subrogated payment. The total fixed damages for delay, including damages for delay from the subrogation to the collection date, are KRW 89,085,925.

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the defendant shall pay the remainder of 66,581,340 won by subrogation to the plaintiff (204,765,804 won which became final and conclusive after the judgment became final and conclusive - KRW 138,184,464 won), delay damages for final and conclusive payment damages, and delay damages for the remainder of payment by subrogation to the plaintiff, respectively.

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