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(영문) 서울남부지방법원 2018.05.29 2018가단203399
구상금
Text

1. The defendant shall pay to the plaintiff 120,290,390 won and 116,223,558 won among them. From July 6, 2007 to October 5, 2007.

Reasons

1. Facts of recognition;

A. On June 8, 2005, the Plaintiff entered into a credit guarantee agreement with a stock company B (hereinafter “B”) with a guarantee principal of KRW 136 million and issued a written credit guarantee agreement to B.

B. On June 8, 2005, the Defendant jointly and severally guaranteed all obligations owed by B pursuant to the above credit guarantee agreement to the Plaintiff.

C. B submitted the above credit guarantee statement and borrowed KRW 160 million from the Industrial Bank of Korea, but did not delay the principal and interest and lost the benefit of time.

On July 6, 2007, the Plaintiff subrogated to the Industrial Bank of Korea KRW 141,253,698 out of the principal and interest of loans of B.

E. On the other hand, as of November 23, 2017, B, according to the aforementioned credit guarantee agreement, each of the liability of KRW 169,250,00, including the amount of finalized damages against the Plaintiff and the procedural costs for preserving enforcement.

F. The interest rate applicable to the above credit guarantee agreement is 14% per annum from July 6, 2007 to October 5, 2007, 16% per annum from the next day to November 12, 2007, and 20% per annum from the next day to December 7, 2017.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, purport of whole pleadings

2. Determination

A. As to the cause of the claim, the Plaintiff voluntarily recognized the fact that the Defendant A, etc. received a total of KRW 25,030,140 from the amount of subrogated payment.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of 116,23,58 won (i.e., KRW 141,253,698 - KRW 25,030,140), fixed damages 3,897,582 won, substitute payments 169,250 won, and delay damages 116,223,558 won, which is the date of subrogation, to the Plaintiff by 14% per annum from July 6, 2007 to October 5, 207, 16% per annum from the following day to November 12, 2007; and 20% per annum from the following day to December 7, 2017; and damages for delay calculated by 15% per annum from the date of subrogation to the date of full payment.

B. The defendant.

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