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(영문) 서울중앙지방법원 2017.07.20 2016가단5109843
구상금
Text

1. As to KRW 250,203,258 and KRW 250,202,170 among the Plaintiff, the Defendant shall start from August 19, 2015 to January 31, 2016.

Reasons

1. Basic facts

A. On May 30, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with B on May 30, 2013 (hereinafter “B”), with respect to KRW 330,000,000 (hereinafter “credit-based general loan”) loaned from us bank (hereinafter “Loan”) and KRW 297,00,000,000 (up to KRW 252,000,000) during the term of guarantee (up to May 27, 2016). According to the instant credit guarantee agreement, B performed the guaranteed obligation by subrogation and by subrogation from the date following the date of repayment to the date of repayment of indemnity obligation, the Plaintiff shall pay the Plaintiff the remainder of the principal obligation at the rate of 35% (up to May 1, 2005, the rate of delayed damages) from the date following the date of repayment to the date of repayment of indemnity obligation; and the remainder of the principal obligation to be paid at the rate of 131,15% per annum per annum.

B. Since then, as a credit guarantee accident occurred where B did not pay the above loans to our bank, the Plaintiff paid 253,512,000 won to our bank on August 19, 2015 (i.e., the loan principal amount of KRW 252,00,000) (i.e., KRW 1,512,00). Of the loan amount of KRW 3,309,830 out of the amount of indemnity against B, the Plaintiff recovered KRW 3,309,830 out of the amount of indemnity against B and appropriated it for the repayment of the principal amount of indemnity, and 1,088 won was

C. On October 29, 2015, the Plaintiff filed a lawsuit seeking reimbursement against B with this court (2015da5346034), and this Court held that B filed a lawsuit against B for claiming reimbursement (252,264,723 won [=250,202,170 won in the remainder of subrogation = 250,202,170 won in the amount of subrogation (=253,512,000 won in the amount of subrogation - 3,309,830 won in the amount of subrogation)] and the amount of subrogation 250,202,170 won in the amount of subrogation as of August 19, 2015.

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