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(영문) 인천지방법원 2018.04.05 2017가단249256
구상금
Text

1. The Defendant’s annual period from January 22, 2014 to August 31, 2015, as to KRW 40,317,299 and KRW 14,89,57 among the Plaintiff.

Reasons

1. As to the cause of claim

A. 1) On January 4, 2010, the Plaintiff guaranteed the remainder of the principal and interest of interest of the intermediate payment to the Korea Exchange Bank from January 4, 2010 to January 6, 2013. The Defendant repaid ① the amount of the Plaintiff’s guaranteed obligation when the Plaintiff performed the guaranteed obligation, and the amount of damages according to the rate and calculation method set by the Plaintiff. ② The matters concerning the Plaintiff’s guarantee fee, overdue interest, additional guarantee fee, additional guarantee fee, refund of the Plaintiff’s guarantee fee are in accordance with the rate and calculation method and collection period set by the Plaintiff (i.e., the interest rate of 10% per annum from the date following the date on which the Plaintiff’s guarantee fee is to be paid to the Plaintiff’s unpaid guarantee fee to the date on which the repayment date of the guaranteed obligation is to be calculated by adding the last guarantee fee rate of 0.5% per annum from the date following the date on which the additional guarantee fee is not terminated to the due date until the due date of the repayment date of the guaranteed obligation to the Plaintiff’s repayment rate of KRW 10.

3) After that, the Defendant did not pay the principal and interest of the loan, the Plaintiff subrogated 214,573,90 won to the Korea Exchange Bank on January 21, 2014. 4) The Plaintiff recovered KRW 200,017,523 on January 20, 2015 due to the cancellation of the sales contract concluded by the Defendant.

5) Additional guarantee fees incurred before subrogation (200,00,000 won guarantee balance x 378/365 days x 7.2/1,000 days x 374,370 won from January 8, 2013, which is after the due date of guarantee x 374,370 won. 6) The rate of damages determined by the Plaintiff pursuant to the instant guarantee agreement is 15% per annum from July 2, 2004 to November 30, 2012, from January 1, 2012 to December 201, 2015.

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