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(영문) 광주지방법원순천지원 2019.08.22 2019가단75416
양수금
Text

1. As to KRW 197,896,560 and KRW 68,944,371 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 26, 2019 to April 18, 2019.

Reasons

1. Facts of recognition;

A. The Defendant, upon receiving a loan from a financial institution as listed below, concluded a credit guarantee contract with C Company and received a written credit guarantee.

(The rate of delay damages under a credit guarantee contract: 12%) B B B BD D E per annum.

B. As the Defendant did not pay the principal and interest of each of the above loans and lost the benefit of time, C Company subrogated for the total amount of KRW 68,944,371 to the above financial institutions from around 2005 to 2008.

C. On December 21, 2017, C Company transferred each claim for indemnity against the Defendant by subrogation (hereinafter “claim for indemnity of this case”) to the Plaintiff and notified the Defendant of the said transfer. D.

The sum of principal and interest of the claim for reimbursement of this case calculated as of March 25, 2019 is KRW 197,896,560.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the facts as seen earlier prior to the determination of the cause of the claim, the Defendant shall pay the Plaintiff the sum of KRW 197,896,560 in total and the principal of the subrogation amounting to KRW 68,94,371 as of March 26, 2019, to the Plaintiff who acquired the claim for reimbursement of this case.

However, since the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings were promulgated on May 21, 2019 and enforced on June 1, 2019, according to the aforementioned provisions, it is recognized only as 12% per annum for the period from March 26, 2019 to the service date of the original copy of the instant payment order, 15% per annum for the period from the next day to May 31, 2019, and 12% per annum for the period from the next day to the day of full payment, and the part on the Plaintiff’s claim for damages for delay in excess shall be dismissed.

B. As to the Defendant’s assertion 1, the Defendant first asserts that the extinctive prescription of the claim for indemnity of this case has expired.

However, according to the evidence No. 1, F organization, which was the C Company Management Agency on December 24, 2008, is a court against the defendant.

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