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(영문) 서울동부지방법원 2020.01.14 2019가단115984
구상금
Text

1. The defendant shall pay to the plaintiff KRW 36,40,570 as well as KRW 15,430,464 as of June 15, 2005 to June 27, 2009.

Reasons

1. Facts of recognition;

A. On December 29, 200, the Plaintiff entered into a credit guarantee agreement with the non-party company B (hereinafter “non-party company”) on the principal and interest of loan to be borne by the non-party company C (which is changed to D).

According to the above agreement, where the plaintiff repaid the principal and interest of the non-party company on behalf of the non-party company, the non-party company shall pay to the plaintiff the amount of subrogated payment and damages for delay calculated at the rate determined by the plaintiff (15% per annum from June 1, 2005 to the date of full payment). At the time of the above agreement, the defendant and E jointly and severally guaranteed the non-party company's obligation to reimburse the plaintiff

B. On January 2, 2001, the non-party company obtained a loan from the above bank by using the above agreement, and as a guarantee accident occurred on December 1, 2004, the Plaintiff subrogated the above bank amounting to KRW 29,539,716 on June 15, 2005.

C. The Plaintiff received a payment order against the Defendant, ordering the payment of the said subrogated payment and the damages for delay thereof (Seoul Western District Court 2008 tea12983), which was finalized on January 29, 2009.

In addition, the plaintiff was sentenced to the same judgment against the non-party company (Seoul Western District Court 2009dan26490), which was finalized on October 8, 2009.

The Plaintiff received reimbursement of KRW 14,109,252 from the above E from October 22, 2015 after the payment order and judgment became final and conclusive, and appropriated it to the principal of subrogation. The damages for delay from the subrogation to the collection date is KRW 20,970,106.

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 4 and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant shall pay the remainder of 15,430,464 won by subrogation to the plaintiff (=29,539,716 won - 14,109,252 won), and damages for delay for the remainder of payment by subrogation to the plaintiff, unless there are special circumstances.

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