logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.22 2020가단5154642
구상금
Text

1. Within the scope of the property inherited from the deceased B, the defendant 60,752,646 Won and its 60,557 won among the plaintiff.

Reasons

1. Facts of recognition;

A. On January 4, 2013, the Plaintiff entered into a housing finance credit guarantee agreement with B, the principal of the surety B, the principal of the surety 58.5 million won, and the guarantee period as of January 4, 2015, and issued B a credit guarantee certificate with the above content.

B. According to the aforementioned credit guarantee contract, where the Plaintiff repaid the Plaintiff’s debt as a guarantor on behalf of the guarantor, B paid the Plaintiff the delayed amount calculated by the Plaintiff’s rate (12% per annum from August 31, 2015, and 8% per annum from September 1, 2015 to September 1, 2015) based on the relevant laws and regulations, and the additional guarantee fee.

(c)

B offered the above credit guarantee as security and received a loan of KRW 65 million from the Industrial Bank of Korea on January 4, 2013.

(d)

Since then, on June 29, 2015, the Plaintiff on June 29, 2015, subrogated repayment of KRW 60,557,436 of the above loan doctrine, and the additional guarantee fee from the expiration of the guarantee period to the date prior to the subrogated repayment is KRW 195,210.

E. Part B died on February 18, 2014, and the Defendant solely inherited B’s property. The Defendant was tried on August 31, 2015 upon filing a report of the fixed approval on August 20, 2015 (Evidence 438 of Chuncheon District Court 2015) (Evidence 438) / [Evidence] without any dispute, entry in subparagraphs 1 through 6-4, and the purport of the entire pleadings.

2. According to the above facts of determination, the Defendant is obligated to pay damages calculated by the annual rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 30, 2015 to August 31, 2015, 12% per annum as to the subrogated repayment of KRW 60,557,436, which is the additional guarantee fee of KRW 60,557,436, and the subrogated repayment of KRW 60,57,436, within the scope of the property inherited from the deceased B, and from the next day to the date of delivery of the copy of the complaint of this case until July 16, 2020, KRW 8% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3...

arrow