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(영문) 인천지방법원 2016.07.07 2014가단244137
구상금
Text

1. The Defendant’s annual interest in KRW 52,387,627 and KRW 51,160,454 from August 6, 2014 to November 16, 2014.

Reasons

1.The facts following the facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence 1 to 6 (including branch numbers), by integrating the whole purport of the pleadings.

On September 30, 2011, the Plaintiff entered into a credit guarantee agreement with the Defendant (BE) on March 25, 201 with a guarantee number C, covering KRW 50,000,000,000, and the guarantee period as of March 25, 201.

(B) The time limit of guarantee was changed on March 26, 2014.

At the time of the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the defendant shall pay the amount of the performance, the rate calculated by the plaintiff (12% per annum) and the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, the insurance premium paid by the plaintiff on behalf of the plaintiff, the execution and preservation (including termination) of the indemnity

C. The Defendant obtained a loan of KRW 50 million from a foreign exchange bank based on the Plaintiff’s credit guarantee agreement. On March 27, 2014, the occurrence of a credit guarantee accident (principal and the natural body) and lost the benefit of time. On June 18, 2014, the Plaintiff subrogated to the foreign exchange bank for KRW 51,160,454 of the principal and interest of the debt due to a credit guarantee.

2. According to the facts of the above recognition, the Defendant: (a) the amount calculated as of August 5, 2014 as of the amount of indemnity to the Plaintiff (i.e., KRW 51,160,454, and KRW 232,460, additional guarantee fees; KRW 170,540, delay damages; KRW 824,173; and KRW 51,160,454, out of the amount of subrogated payment; (b) and the amount of subrogated payment to the Plaintiff as of KRW 51,160,454 from August 6, 2014 to November 16, 2014, which is the delivery date of a copy of the complaint of this case; and (c) the rate of delay damages, which is 12% per annum from the next day until September 30, 2015.

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