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(영문) 울산지방법원 2020.07.14 2020가단100603
구상금
Text

1. As to KRW 61,749,371 and KRW 61,450,729 among the Plaintiff, the Defendant shall pay to the Plaintiff a year from June 21, 2019 to January 20, 2020.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 7 as to the cause of the claim, the plaintiff entered into a credit guarantee agreement as shown in the separate sheet (hereinafter “the credit guarantee agreement of this case”) on Nov. 4, 2016. Under a credit guarantee agreement, where the plaintiff performed the guaranteed obligation, the defendant agreed to reimburse the amount of subrogation and related claims preservation expenses, etc., and the defendant borrowed 70 million won from the B bank under the credit guarantee agreement of this case, but borrowed 70 million won from the B bank, but the guarantee accident such as interest occurred. The plaintiff paid 61,450,729 won to B bank on Jun. 21, 2019, the plaintiff paid 298,642 won under the pretext of provisional payment by subrogation, and damages for delay arising from the date of subrogation under the credit guarantee agreement of this case can be acknowledged as 10% per annum.

According to the above facts, the plaintiff acquired the claim for indemnity against the defendant by subrogation for B Bank. The defendant is obligated to pay to the plaintiff the amount equivalent to the above subrogated amount of KRW 61,450,729 and the amount equivalent to the provisional payment of KRW 61,749,642 and the amount equivalent to the subrogated amount of KRW 61,450,729 as of June 21, 2019, which is the date of subrogation, from June 20, 2020 to January 20, 2020, the agreed interest rate of KRW 10% per annum from June 21, 2019 to the date of delivery of the complaint, and damages for delay calculated by 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment

2. The defendant's assertion is alleged to the purport that the plaintiff's assertion cannot be accepted because the defendant's individual rehabilitation procedure is in progress. However, the defendant's application for individual rehabilitation does not prohibit the plaintiff's litigation or suspend litigation procedures (Article 593 (1) 4 proviso and Article 593 (5) of the Debtor Rehabilitation and Bankruptcy Act), but there is no evidence to acknowledge that the decision to commence individual rehabilitation procedure has been rendered until this court.

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