logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.19 2014가합579921
구상금
Text

1. As to KRW 138,177,598 and KRW 136,629,024 among the Plaintiff, Defendant A shall be from October 10, 2014 to March 20, 2015.

Reasons

1. Facts of recognition;

A. A. The Plaintiff’s credit guarantee agreement and joint and several sureties 1) on July 1, 2009 and Defendant A’s New Bank Co., Ltd. (hereinafter “New Bank”) (hereinafter “New Bank”).

(2) In obtaining a loan from a bank, the credit guarantee agreement with the principal of the credit guarantee amounting to KRW 140,250,000 (hereinafter “the credit guarantee agreement in this case”).

(2) Defendant A was loaned KRW 150 million from the new bank as collateral for the credit guarantee of this case at that time.

B. On June 28, 2014, the Plaintiff paid 136,629,024 won to a new bank on October 10, 2014 as a credit guarantee accident occurred due to delayed payment of principal. (ii) The agreed delay damages rate for the said subrogated amount is 12% per annum, and the Plaintiff spent 817,734 won at the expense of preserving the execution of the claim for indemnity against the Defendant A.

In addition, penalty under the credit guarantee agreement of this case is KRW 730,840.

C. On July 11, 2014, Defendant A entered into a promise to return substitutes with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) which is one of his/her sole real estate, and entered into a promise to return substitutes with Defendant B on July 14, 2014, and completed a provisional registration for transfer of ownership (hereinafter “instant provisional registration”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional number; hereinafter the same shall apply), fact-finding with respect to the head of the only Gu of this Court, and the purport of the whole oral argument

2. The judgment of this Court

A. According to the facts acknowledged by paragraph (1) of the claim for indemnity against Defendant A, Defendant A: (i) the total amount of KRW 138,177,598 for indemnity against the Plaintiff (i.e., the total amount of KRW 136,629,024 for compensation for execution of subrogated amount of KRW 817,734 for compensation for execution of subrogated amount of KRW 136,629,024 for the amount of subrogated amount of KRW 136,629,024 for the amount of subrogated amount of KRW 12% per annum from October 10, 2014 to March 20, 2015 for the delivery date of a duplicate of the complaint of this case.

arrow