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(영문) 서울중앙지방법원 2018.04.26 2017가합535007
구상금
Text

1. Defendant A’s KRW 273,480,233 among the Plaintiff and KRW 190,953,903 among them, and KRW 81,945,015 among the Plaintiff.

Reasons

1. Basic facts

A. On June 11, 2015, the Plaintiff entered into a credit guarantee agreement between Defendant A with a guarantee period of KRW 90,000,000, and a credit guarantee agreement between June 11, 2015 and June 10, 2016, and issued a written credit guarantee agreement on the same day.

On June 12, 2015, Defendant A obtained a loan of KRW 100 million from Co., Ltd. (hereinafter “C”) as collateral, and the guarantee period was changed to June 9, 2017, when the guarantee period was changed to KRW 81,00,000, and the guarantee period was changed to June 9, 2017.

B. On March 7, 2016, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A with a guarantee period of KRW 190,000,000, and entered into a credit guarantee agreement between March 7, 2016 to March 6, 2017, and issued a written credit guarantee agreement on the same day.

Defendant A received a loan of KRW 200,000,000 from the Industrial Bank of Korea as security on March 8, 2016.

C. On December 21, 2016, D, the customer of Defendant A, who has lost the benefit of time or fulfilled the guaranteed obligation, applied for provisional seizure of the claim against the deposit claim of Defendant A with the amount of KRW 50 million, and the claim was accepted on January 2, 2017.

On February 7, 2017, Defendant A lost the benefit of each loan due to its natural nature as a loan under the aforementioned first credit guarantee agreement. On April 3, 2017, the Plaintiff subrogated the Industrial Bank of Korea for the total of KRW 190,953,903 ( principal KRW 190,000,000, KRW 953,903) on behalf of the Plaintiff, and on May 12, 2017, Defendant A subrogated for the total of KRW 81,945,015 ( principal principal KRW 81,00,000, KRW 945,015) on behalf of the Plaintiff.

The interest rate for delay applied by the Plaintiff according to each credit guarantee agreement, such as the interest rate for delay, penalty, and costs for legal procedure, shall be 10% per annum, and the penalty under the said secondary credit guarantee agreement shall be 112,430 won [=190,00,000 won x 0.8% x 0.8% x 27/365 (3.7. of March 7, 2017 - - 10 won , and 468,85 won in legal procedure expenses paid by the Plaintiff.

(e).

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