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(영문) 서울중앙지방법원 2015.05.20 2015가단5025931
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,107,971 and KRW 6,135,395 among them, as regards the Plaintiff’s KRW 44,107,971. From April 13, 2013 to January 15, 2015.

Reasons

1. Facts of recognition;

A. On September 29, 2009, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant, setting the guarantee amount to KRW 200 million and the guarantee period to three years in receiving an apartment payment loan from the Nonghyup Bank.

B. The Defendant submitted a guarantee issued under the credit guarantee agreement of this case on September 29, 2009 and received a loan of KRW 200 million from the Nonghyup Bank.

C. According to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation, the defendant bears the amount of subrogation and damages for delay in accordance with the rate prescribed by the relevant laws and regulations as well as the incidental obligation to the plaintiff.

The Plaintiff filed a claim against the Nonghyup Bank for the performance of the guaranteed obligation on the ground that the Defendant lost the benefit of the term of the above loan, and on April 12, 2013, the Plaintiff subrogated 206,858,683 won to the Nonghyup Bank in accordance with the credit guarantee agreement of this case.

E. On October 28, 2014, the Plaintiff collected KRW 200,723,288, out of the amount of subrogated payment, and appropriated the amount of subrogated payment for the amount of KRW 6,135,395 as at the present time, and the amount of subrogated payment for the amount of KRW 200,723,288 shall remain. The fixed damages for delay for delay on the amount of KRW 200,723,288 shall be 37,219,046 [20,723,288 x 12% x 12% x 564/365 (from April 13, 2013 to October 28, 2014]. The amount payable in arrears shall be KRW 753,530.

On the other hand, the rate of delay damages under the credit guarantee agreement of this case is 12% per annum from December 1, 2012 to the date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts finding as to the plaintiff's claim, the defendant is the day following the date of subrogation for the plaintiff's 44,107,971 won for indemnity under the credit guarantee agreement of this case (37,219,046 won for delay delay of the amount of subrogated payment of KRW 6,135,395), and the balance of subrogated payment of KRW 6,135,395 for the plaintiff, unless there are special circumstances.

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