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(영문) 서울중앙지방법원 2015.11.25 2015가단5046167 (2)
구상금
Text

1. The Defendant’s KRW 45,976,689 and KRW 45,775,60 among the Plaintiff and KRW 14% per annum from February 10, 2015 to May 31, 2015.

Reasons

1. Facts of recognition;

A. On September 30, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant (hereinafter “the instant credit guarantee agreement”) with the content that the Defendant guarantees the obligation to repay the principal and interest of a loan granted from the Korea Bank (hereinafter “Korea Bank”), 50,000,000 won of the guaranteed principal, and the period of the guarantee (hereinafter “the instant credit guarantee agreement”) as of September 20, 2016.

B. Under the instant credit guarantee agreement, the Defendant borrowed KRW 50,000,000 from the Bank to the loan subjects of enterprise driving and financial small and medium enterprises on September 30, 2013, but lost the benefit of time by failing to repay in installments on December 23, 2014.

C. On February 10, 2015, the Plaintiff claimed for the performance of the guaranteed obligation under the credit guarantee agreement of this case from our bank, and subrogated for KRW 50,358,370 to our bank.

According to the instant credit guarantee agreement, the Defendant stipulates that in the event of the Plaintiff’s performance of the guaranteed obligation, the Defendant shall pay to the Plaintiff the amount of subrogated payment made by the Plaintiff for the performance of the guaranteed obligation and damages for delay from the date of payment to the date of full payment (14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015) determined by the Plaintiff.

E. As of August 17, 2015, the Plaintiff collected KRW 4,582,770, out of the amount of subrogated payment by August 17, 2015, and appropriated it for principal, the remainder of the principal subrogated principal to the Defendant by the Plaintiff as of August 17, 2015 (=50,358,370 - 4,582,770 won). The amount of finalized damages calculated according to the above agreed interest rate from the date of subrogation for the amount of 4,582,70 to the date of recovery is the total amount of KRW 200,889.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 9, the purport of whole pleadings

2. According to the facts of the above determination, the defendant's total amount of 45,976,689 won such as the subrogated amount, etc. as seen earlier (=200,889 won of the average subrogated principal of 45,775,60 won), and the principal of the subrogated principal of 45,775,600 won among them.

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