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(영문) 서울서부지방법원 2016.02.16 2015가단243111
구상금
Text

1. As to KRW 30,896,501 and KRW 30,664,421 among them, the Defendant shall pay to the Plaintiff the year from August 19, 2015 to October 21, 2015.

Reasons

1. Basic facts

A. (1) On August 22, 2011, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the Defendant, the guaranteed amount of KRW 30,000,000, and the term of guarantee from August 22, 201 to August 17, 2012, and the credit guarantee agreement, the national bank of the lending institution (hereinafter “instant credit guarantee agreement”).

(2) The Defendant submitted the said credit guarantee statement to a national bank and received a loan from the said bank.

B. The Plaintiff’s subrogation 1) the Defendant incurred a credit guarantee accident on June 9, 2015. Accordingly, the Plaintiff subrogated for KRW 30,664,421 to the National Bank on August 19, 2015. (2) According to Article 35 of the Credit Guarantee Fund Act and Article 10 of the Credit Guarantee Agreement and Article 10 of the Credit Guarantee Agreement, when the Plaintiff performed the guaranteed obligation, the Defendant reimburses the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount by the rate as determined by the Plaintiff from the date of repayment to the date of repayment. The rate is 12% per annum from December 1, 2012 to the date.

C. According to Article 34 of the Credit Guarantee Fund Act and Article 3 of the Credit Guarantee Agreement, if a person who has received a guarantee fails to perform the principal obligation within the period of guarantee, he/she shall pay the rate and penalty according to the calculation method set by the Plaintiff. This is determined at the rate set by the Plaintiff as to the balance of the principal of the outstanding principal obligation during the period from the day after the date of payment of the final guarantee fee to the day before the date of payment of the payment of the final guarantee fee, and the penalty of KRW 2,6

In addition, the plaintiff paid the legal procedure cost of KRW 229,450 to preserve the claim for reimbursement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is about 30,896,501 won (=30,664,421 won by subrogation + 2,630 won by subrogation + 229,450 won by subrogation) and 30,664,421 won by subrogation among them.

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