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(영문) 춘천지방법원 강릉지원 2021.02.17 2019가단36475
구상금 등
Text

1. From October 30, 2019 to December 19, 2019, Defendant A paid KRW 20,108,09 to the Plaintiff and KRW 20,108,098 among them.

Reasons

1. Facts of recognition;

A. (1) On May 10, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A, and Defendant A provided a credit guarantee in obtaining a loan of KRW 20 million from Defendant A.

2) According to the above credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation for Defendant A, Defendant A shall reimburse the Plaintiff for the amount of the guaranteed obligation, the amount of damages calculated according to the Plaintiff’s ratio and calculation method from the date the guaranteed obligation was discharged to the date of repayment, and the expenses incurred in the exercise of the right acquired through the performance of guaranteed obligation.

From March 1, 2018 to March 1, 2018, the rate of damages determined by the Plaintiff is 10% per annum.

B. On October 15, 2019, when a credit guarantee accident occurred and the credit accident occurred due to Defendant A’s delinquency in interest on October 15, 2019, C notified the Plaintiff of the credit guarantee accident on October 23, 2019. The Plaintiff repaid KRW 20,108,098 of the above loan principle on October 30, 2019 by subrogation of the Defendant A.

2) In addition, the Plaintiff spent KRW 419,971 at the preservative expense for Defendant A’s property for the preservation of the claim against Defendant A.

(c)

1) The real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) was the real estate acquired by Defendant A after completing the registration of ownership transfer on May 2, 2016.

2) On June 28, 2019, Defendant A entered into a sales contract with Defendant B (hereinafter “instant sales contract”) with respect to the instant real estate and the same year.

8.1. The registration of transfer of ownership (hereinafter “registration of transfer of ownership of this case”) was completed.

【Ground of recognition】 Evidence Nos. 1 through 7, Eul’s evidence No. 1, and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim for reimbursement against Defendant A, Defendant A shall pay to the Plaintiff KRW 20,528,069 (= KRW 20,108,098, KRW 419,971) and the amount of subrogated payment of KRW 20,108,098,098, whichever is the date of subrogation payment.

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