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(영문) 서울중앙지방법원 2020.07.07 2019가단5217103
구상금
Text

1. The Defendant’s annual interest in KRW 60,645,280 and KRW 59,623,546 among the Plaintiff, from November 3, 2017 to June 5, 2020.

Reasons

According to the overall purport of Gap evidence Nos. 1 through 8 (including additional serial number) and arguments, the defendant entered into a credit guarantee agreement with the plaintiff on April 15, 2016 and received loans from Eul Co., Ltd. as collateral. According to the above credit guarantee agreement, where the plaintiff subrogated for the above loan to the non-party bank, the defendant shall pay the amount of subrogation and the damages for delay calculated at the interest rate prescribed by the plaintiff to the plaintiff. Under the above credit guarantee agreement, the defendant shall jointly and severally guaranteed all obligations owed by the defendant to the plaintiff pursuant to the above credit guarantee agreement. Since the defendant was unable to fully pay the above loan, the plaintiff paid 68,632,586 won to the non-party bank on November 3, 2017. According to the above credit guarantee agreement, the rate of 60,645,280 won on behalf of the defendant to 20% on the total amount of principal and interest on subrogation and 30% on delay damages of 20% on the remaining 15% on the ground of subrogation, 201416% on the plaintiff's.

(1) The defendant asserted that C, a joint and several surety, has repaid the above debt in the individual rehabilitation procedure, and accordingly, the plaintiff appropriated the amount of the debt repaid in the above individual rehabilitation procedure to the amount of the claim and subsequently amended the purport of the claim. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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