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(영문) 창원지방법원 2017.04.27 2017가단103491
구상금
Text

1. The Defendant’s annual interest in KRW 75,780,861 and KRW 75,780,245 among the Plaintiff, from August 31, 2016 to November 8, 2016.

Reasons

1. When judgment on the cause of the claim B (hereinafter “B”) obtained a loan of 100,000,000 won from the Sinnam Bank Co., Ltd. (hereinafter “Seoulnam Bank”) on March 12, 2015, the Plaintiff entered into a contract under which the Plaintiff shall provide a credit guarantee (hereinafter “the instant credit guarantee contract”) with the amount of the loan obligation of KRW 85,00,000 until March 10, 2019, and the amount of security deposit of KRW 85,000,000 for the loan obligation of KRW 85,00. The Defendant jointly and severally guaranteed the liability for indemnity under the credit guarantee contract of this case. Upon the occurrence of the credit guarantee accident under the credit guarantee contract of this case, the Plaintiff paid a total of KRW 77,234,75,00 in subrogation to the Gyeongnam Bank on behalf of the Plaintiff, the principal and joint guarantor, when the Plaintiff fulfilled the guaranteed liability under the credit guarantee contract of this case, and the Plaintiff agreed to reimburse the principal amount calculated by subrogation between the Plaintiff and the Plaintiff’s damages.

In light of the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 75,780,861 in total, including the principal and interest on subrogation, and the amount of KRW 75,780,245 in subrogation principal from August 31, 2016 to November 8, 2016, the agreement rate of KRW 12% per annum, the agreement of which is the date of service of the original copy of the instant payment order from August 31, 2016, and delay damages calculated at 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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