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(영문) 부산지방법원동부지원 2019.05.08 2019가단201343
구상금
Text

1. The Defendant’s annual interest in KRW 99,496,042 and KRW 99,297,312 among the Plaintiff, from June 28, 2018 to January 8, 2019.

Reasons

1. Facts of recognition;

A. On March 24, 2016, the Defendant entered into a credit guarantee agreement with the Plaintiff, and received a loan from B bank as collateral after obtaining a credit guarantee certificate issued in accordance with the said credit guarantee agreement.

B. After that, the Defendant caused a credit guarantee accident, and the Plaintiff subrogated for KRW 9,297,312 to B Bank on June 28, 2018.

C. Meanwhile, pursuant to the above credit guarantee agreement, the additional guarantee fee to be paid by the Defendant to the Plaintiff is KRW 198,730, and the agreed damages rate determined by the Plaintiff is 10% per annum.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 9,496,042 (=19,297,312 additional guarantee fees of KRW 198,730) and the amount of subrogated payment of KRW 99,29,312, whichever is the date of subrogated, to the plaintiff, 10% per annum per annum from June 28, 2018, which is the date of delivery of a copy of the complaint of this case until January 8, 2019, and 15% per annum from the next day to the date of full payment.

3. The plaintiff's claim of this case is justified.

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