logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.11.04 2020가단295789
구상금
Text

The defendant's 186,199,404 won and 185,106,183 won among them shall be annual from October 15, 2019 to August 18, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff on August 11, 2015 and

8. Around 26.26. The Defendant entered into a credit guarantee agreement between the Defendant and C Bank to guarantee the repayment of the principal and interest of the loan within the limit of KRW 235 million in total when the Defendant borrowed a total of KRW 250 million from C Bank.

B. Around May 7, 2020, when a credit guarantee accident, such as poor treatment, occurred, the C Bank sought the performance of the guaranteed obligation against the Plaintiff.

C. On October 15, 2019, the Plaintiff paid a sum of KRW 185,106,183 to C Bank as the subrogated payment upon the performance of the guaranteed obligation under the above credit guarantee agreement. The rate of delay damages for the said subrogated payment under the above credit guarantee agreement is 8% per annum.

On the other hand, 439,490 won of penalty and 653,831 won of the amount of subrogated payment under the above credit guarantee agreement have occurred against the defendant.

[Grounds for recognition] Gap evidence Nos. 1-5 and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 186,19,404 (i.e., the amount of subrogated payment of KRW 185,106,183, the amount of subrogated payment of KRW 439,390, the amount of subrogated payment of KRW 654,831, the amount of subrogated payment of KRW 185,106,183, the amount of subrogated payment of KRW 185,183 from October 15, 2019 to August 18, 2020, the service date of the original copy of the payment order in this case, the interest rate of KRW 8% per annum under the credit guarantee agreement, and damages for delay of 12% per annum as stipulated under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to

The defendant is unable to repay the above debt on the ground that it is expected to file an application for individual rehabilitation procedures due to economic difficulties, or on the ground that it is difficult to block the plaintiff's claim on the ground that it is not possible to block the plaintiff's claim on the grounds

3. Thus, the plaintiff's claim is justified and it is so ordered as per Disposition.

arrow