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(영문) 창원지방법원 2017.12.21 2017가단112624
구상금
Text

1. The Defendant’s annual interest in KRW 51,422,472 and KRW 31,738,085 from May 31, 2012 to November 30, 2012.

Reasons

1. Basic facts

A. On March 4, 2011, the Plaintiff entered into a credit guarantee agreement with the Defendant at KRW 90,000,000 as the guaranteed amount (hereinafter “the instant credit guarantee agreement”), and B jointly and severally guaranteed the Defendant’s obligation to the Plaintiff based on the said credit guarantee agreement.

Based on the above credit guarantee agreement, the defendant obtained a loan from the Gyeongnam Bank.

B. A guarantee accident occurred in which the Defendant did not repay loans to the Gyeongnam Bank, and thus, the benefit of time was lost. On May 31, 2012, the Plaintiff paid KRW 90,966,575, totaling the principal and interest on subrogation to the Gyeongnam Bank.

C. Meanwhile, the Defendant agreed to pay damages for delay based on the Plaintiff’s rate of delay damages. Each rate of delay damages is 15% per annum until November 30, 2012, 12% per annum from the following day to January 31, 2016, and 10% per annum from the following day.

The principal and interest on subrogation around November 15, 2017 is a total of 51,422,472 won (=the remaining principal and interest on subrogation KRW 31,738,085 for delay damages 19,684,387).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts established earlier, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 51,422,472 in total, and the amount of KRW 31,738,085 in subrogation, plus 15% per annum from May 31, 2012 to November 30, 2012; 12% per annum from the following day to January 31, 2016; and 10% per annum from the next day to November 21, 2017 to the date of delivery of an application for modification of the purport of the instant claim, clearly stating that the delivery date of the application for modification of the purport of the instant claim is obvious, and damages for delay calculated by 15% per annum from the next day to the date of full payment.

B. As to this, the defendant shall bear the joint and several liability B.

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