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(영문) 서울중앙지방법원 2015.07.17 2014가합589898
구상금
Text

1. The Defendant’s KRW 185,062,220 as well as 11% per annum from March 10, 2010 to June 23, 2015 to the Plaintiff.

Reasons

Description of Claim

On April 20, 2009, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Bank of Korea with respect to the amount that the Defendant would obtain from the Bank of Korea, with a credit guarantee limit of KRW 180 million, guarantee period from April 20, 2009 to April 19, 2010, and issued a written credit guarantee agreement.

In the event that the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, the Defendant is obliged to pay to the Plaintiff damages for delay at 11% per annum from the day following the date of performing the guaranteed obligation

The defendant received a loan of KRW 200 million as collateral, and later, the defendant has lost the benefit of time due to delinquency in paying the principal and interest of the loan.

Accordingly, on March 9, 2010, the Plaintiff subrogated to the Bank of Korea for the principal amounting to KRW 185,062,220 (i.e., the principal amount amounting to KRW 179,910,000, KRW 5,152,228, and KRW 10).

2. Articles 208 (3) 3 and 194 of the Civil Procedure Act of the applicable provisions of Acts;

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