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(영문) 창원지방법원 2015.10.07 2015가단12669
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,152,100 as well as 20% per annum from June 2, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 1, 201, the Plaintiff entered into a sports center operation agreement with Changwon-si D 307 E on September 1, 201 with Changwon-si, Seongbuk-gu, Seongbuk-gu, and the part relating to the instant case is as follows.

1. The 30 million won for the security deposit for sportsmen shall be borne by C; and

2. 20 million won premium shall be borne by the Defendant.

Provided, That the amount of KRW 20 million shall be lent to the defendant without interest and kept in custody upon receipt of the loan certificate, and all goods constituting the premium shall be owned by the defendant.

When the contract is terminated or terminated, the defendant shall pay 20 million won borrowed from C.

B. Pursuant to paragraph (2) of the above gymnasium operating contract, the Defendant issued to C on September 1, 201, a loan certificate with a loan amount of KRW 20 million on February 25, 2013 at maturity, with no interest, and at that time the Plaintiff jointly and severally guaranteed the Defendant’s above loan obligation against C.

C. C filed an application with the original Defendant for payment order for the above loan debt with the Jinwon District Court Decision 2015Ra49, Jinwon District Court Decision 2015. As the above payment order against the Plaintiff became final and conclusive, on May 11, 2015, the Plaintiff paid C the borrowed amount of KRW 20,000,000 as the guarantor, and KRW 152,100 as the procedure for demanding payment.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,152,100 for indemnity and damages for delay calculated at the rate of 20% per annum from June 2, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case, as sought by the Plaintiff, as the result of the Plaintiff’s subrogation.

B. As to this, the Defendant discontinued the operation of the above gymnasium on or after the end of January 2012, and at that time C exempted the Plaintiff from paying KRW 20,000,000 as premium, and thus, it is impossible to comply with the Plaintiff’s request.

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