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(영문) 청주지방법원 2018.05.25 2017가단106138
구상금
Text

1. The defendant shall pay 38,154,250 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. 1) On July 29, 2005, the Defendant: (a) between the Plaintiff on July 29, 2005 and the Plaintiff; (b) KRW 31,059,820; (c) the insured are Korean Teachers’ Credit Union (hereinafter “Mutual Aid Association

() From July 29, 2005 to August 17, 2015, the insurance period set the contents of guarantee as a payment guarantee for the return of loans to the members of the Mutual-Aid Association. If the Plaintiff paid insurance money to the Mutual-Aid Association due to the Defendant’s nonperformance of the obligation to return loans to the Mutual-Aid Association, the Defendant entered into an insurance contract for stabilization of livelihood with the purport that the Plaintiff shall immediately pay the insurance money to the Plaintiff, but if delayed, the Defendant received a loan from the Mutual-Aid Association under the Plaintiff’s guarantee that the Defendant did not fulfill the obligation to return loans to the Mutual-Aid Association, the Plaintiff paid KRW 30,824,890 as insurance money to the Mutual-Aid Association on October 27, 2005.

3) From that date, until March 17, 2017, the Defendant repaid the principal of the above insurance proceeds to the Plaintiff in installments, and the total amount of damages for delay incurred until March 17, 2017 is KRW 38,154,250. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s evidence Nos. 1 through 3, and the purport of the whole pleadings.

B. According to the above facts of recognition, the defendant is obligated to pay 38,154,250 won to the plaintiff, except in special circumstances.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant requested that the plaintiff be given consideration, such as the reduction of damages for delay, while expressing his intention to repay the obligation on several occasions more than ten years ago. However, as the plaintiff's refusal to pay it in full, the damages for delay has been paid in excess of the principal due to the plaintiff's refusal. If the plaintiff fully pays 6.5 million won of the principal remaining before two years, the part of the damages for delay should be discussed thereafter. The defendant's principal shall be 50 million won per month for the plaintiff.

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