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(영문) 수원지방법원 평택지원 2017.02.15 2016가단3190
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 141,774,521 and the interest rate of KRW 15% per annum from January 3, 2017 to the date of complete payment.

Reasons

1. Summary of the cause of the instant claim

A. On June 1, 2009, the Defendant borrowed KRW 100 million from C as of June 1, 2010 and as of June 1, 2010, 200 per annum, and the Plaintiff guaranteed the Defendant’s above obligation against C.

On February 16, 2012, the Plaintiff, as a guarantor, has partially extinguished the principal obligation by withdrawing KRW 17 million and KRW 124,774,521 on August 21, 2014.

Therefore, the Defendant is obliged to pay the Plaintiff the sum of KRW 141,774,521 and the statutory damages for delay.

B. Selectively, the Plaintiff acquired the above loan claims against the Defendant from C on December 8, 2016, and the Defendant is obligated to pay the said money with the acquisition money.

2. Determination on the claim for indemnity

A. The Defendant borrowed KRW 100 million from C on June 1, 2010 on June 1, 2010 and interest-based 2% on the following grounds: (a) the Plaintiff guaranteed the Defendant’s above loan obligation to C without receiving the request from the Defendant on the same day; (b) the Plaintiff completed the registration of creation of a right to collateral security with the maximum debt amount of KRW 130 million on each land owned by the Plaintiff; (c) the Plaintiff paid KRW 17 million on February 16, 2012 to C; and (d) C paid the aggregate of KRW 17 million on each land owned by the Plaintiff on August 21, 2014 to C; and (e) C paid dividends of KRW 17 million on each of the above real estate owned by the Plaintiff on August 21, 2014.

B. According to the above facts finding as to the cause of the claim, the plaintiff becomes a guarantor with respect to the defendant's above loan obligation against C without the defendant's request, and thereafter, as the defendant withdraws a total of KRW 141,774,521 as a guarantor and partly extinguished the above loan obligation. Thus, the defendant is obligated to pay the plaintiff the indemnity amount of KRW 141,774,521 and the statutory damages for delay pursuant to Article 444(1) of the Civil Act, barring any special circumstance.

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