logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.24 2015가단5008011
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,36,231 as well as KRW 30,031,351 among them, annually, from June 14, 2014 to December 15, 2014.

Reasons

1. Facts of recognition;

A. On January 4, 2011, the Han Bank lent KRW 36,000,000 to the Defendant under the Plaintiff’s credit guarantee as follows.

(1) Date of guarantee: Guarantee period of 2 years after loan treatment: 32,400,000 won (4): Rental Fund;

B. On June 13, 2014, the Defendant lost the benefit of time upon the lapse of the above guarantee period, and the Plaintiff subrogated for KRW 30,031,351 to the Han Bank on behalf of the Plaintiff in accordance with the said credit guarantee agreement.

In addition, the defendant's attempted guarantee fee against the plaintiff is 304,880 won.

C. When the Plaintiff fulfilled the above guaranteed obligation, the Plaintiff may collect damages for delay at the prescribed rate from the day following the date of performance to the date of full payment within the extent not exceeding 20/100 per annum for the amount discharged from the Defendant. The above rate of damages for delay at the time of payment by subrogation is 12/10 per annum.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 30,336,231 won (payment by subrogation, KRW 30,031,351, KRW 304,880) and damages for delay calculated by the ratio of 20% per annum from June 14, 2014, which is the day following the date of subrogation, to December 15, 2014, which is apparent in the record that the delivery date of the original payment order in this case is the delivery date of the original payment order in this case, and from the next day to the date of full payment.

3. According to the conclusion, the plaintiff's claim of this case is accepted for reasons.

arrow