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(영문) 서울중앙지방법원 2016.01.14 2015가단5026033
구상금
Text

1. The Defendant’s KRW 43,678,95 and its KRW 6,575,06 among the Plaintiff’s KRW 43,678 and the Plaintiff’s annual interest from April 27, 2013 to January 15, 2015.

Reasons

1. Facts of recognition;

A. On February 25, 2010, the Plaintiff entered into a credit guarantee agreement with the Defendant to issue a housing finance credit guarantee agreement of KRW 200 million in security deposit (hereinafter “the instant credit guarantee agreement”) with respect to the Defendant’s obligations for loans for the use of apartment intermediate payments to the National Agricultural Cooperative Federation (hereinafter “CF”).

B. 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 at the rate determined by the relevant Acts and subordinate statutes, etc. and the incidental obligation against the plaintiff.

C. According to the credit guarantee agreement of this case, the Defendant was issued a credit guarantee certificate from the agricultural cooperative, a business entrusted by the Plaintiff, and was loaned KRW 200 million from the agricultural cooperative on February 25, 2010.

On April 26, 2013, the Plaintiff, who received a claim from the agricultural cooperative for the performance of the guaranteed obligation on the ground that the Defendant lost the benefit of the above loan, subrogated to the agricultural cooperative KRW 207,298,354 in accordance with the credit guarantee agreement of this case.

E. After that, the Plaintiff recovered KRW 200,723,288 from the Defendant on October 28, 2014 to appropriate it for the payment by subrogation, the remainder of payment by subrogation is KRW 6,575,06, and the interest payable by subrogation is KRW 36,295,169 (==200,723,288 x 12% x 12% x 550/365 (from April 27, 2013 to October 28, 2014) and the interest payable by subrogation is KRW 808,760.

The rate of damages for delay under the credit guarantee agreement of this case is 12% per annum from April 27, 2013 to the present.

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

2. According to the above facts finding as to the cause of the claim, the defendant is either 43,678,95 won under the credit guarantee agreement of this case (i.e., the balance of the subrogated payment of KRW 6,575,06,00 for delay delay damages of KRW 36,295,169) and the accounts payable in arrears of KRW 808,760.

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