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(영문) 인천지방법원 2020.11.26 2020가단236816
구상금
Text

The defendant shall pay to the plaintiff KRW 229,532,515 as well as KRW 224,369,836 as to the plaintiff. From April 30, 2020 to May 31, 2020.

Reasons

1. Facts of recognition;

A. On April 16, 2015, the Plaintiff entered into a credit guarantee agreement with the Defendant on a set of 36 million won in the credit guarantee principal, the guarantee period until April 14, 2023, and 85% in order to guarantee the Defendant’s repayment of a loan to B Bank. The Plaintiff entered into a credit guarantee agreement with the Defendant on a set of 85 million won in the credit guarantee principal, the guarantee period, and the amount of 85 million won in the guarantee period until April 15, 2016, and the guarantee rate of 85% in the guarantee rate. The guarantee period of the said credit guarantee agreement was extended until April 10, 2020.

(hereinafter referred to as the “instant credit guarantee agreement” in combination with the aforementioned two credit guarantee agreements.

The Plaintiff issued a credit guarantee form under the instant credit guarantee agreement to the Defendant, and the Defendant received loans from B Bank KRW 360 million and KRW 100 million each around that time.

C. However, a credit guarantee accident occurred due to the Defendant’s delinquency in paying the principal and interest to B Bank within the above guarantee period. On April 29, 2020, the Plaintiff subrogated the said Bank to pay the principal and interest amounting to KRW 302,609,075 (= Principal amounting to KRW 299,200,000) pursuant to the instant credit guarantee agreement.

On the other hand, at the time of the instant credit guarantee agreement, the Plaintiff acquired a security for transfer to five private vehicles owned by the Defendant at the time of the instant credit guarantee agreement, and appropriated KRW 87,435,839 for the amount of KRW 87,439, which was received by selling four of the above credit guarantee accidents after the occurrence of the said credit guarantee accident (principal principal KRW 78,239,239,239, substitute payment9,196,600

E. At the time of the conclusion of the instant credit guarantee agreement, the Plaintiff and the Defendant agreed to reimburse the Plaintiff for expenses incurred in performing the guaranteed obligation and for the preservation, transfer, exercise, additional guarantee fees, and damages for delay calculated at the interest rate determined by the Plaintiff.

The interest rate determined by the Plaintiff shall be 10% per annum from the date of the above subrogation to May 31, 2020, and 8% per annum from the next day to the next day, and the additional guarantee fee paid by the Plaintiff shall be 147,370 won.

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