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(영문) 수원지방법원 2019.09.26 2019가단539981
양수금
Text

1. The defendant shall pay to the plaintiff KRW 163,495,401 as well as KRW 46,711,020 among them, from May 9, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. C Union concluded a credit guarantee agreement with the defendant on May 23, 200 with the principal of credit guarantee at KRW 20 million as an institution entrusted with the business of a D organization. On the 29th of the same month as security, the credit guarantee agreement issued by a D organization was set the lending period of KRW 20 million to the defendant on May 29, 2002; the interest rate of KRW 12% per annum; and damages for delay at KRW 17% per annum.

In addition, E Union concluded a credit guarantee agreement with the defendant around August 1, 200 with the principal of the credit guarantee principal of KRW 20 million as an institution entrusted with the business of D Association. The credit guarantee term of KRW 20 million issued by D Association was set on August 10, 200 with the credit guarantee term of KRW 20 million to the defendant as security. The interest rate was set at 11% per annum, and the compensation rate for delay was 17% per annum.

B. The Defendant caused a credit guarantee accident in which each of the above principal and interest of the loan was in arrears, and accordingly, the D organization paid 23,106,637 won to the C association on September 15, 2001 as a guarantor, and 23,604,383 won to the E association on behalf of the guarantor.

C. A D organization filed a lawsuit against the defendant with the Gwangju District Court 201Kadan16948, which sought reimbursement for each subrogation as above. On July 8, 2011, the above court rendered a judgment in favor of the plaintiff that the defendant would pay to the plaintiff 46,711,020 won (=23,106,637 won, 23,604,383 won) for the total amount of subrogated payment of KRW 113,69,541 won and the total amount of subrogated payment (=23,637 won, 23,604,383 won) by January 11, 201, and the judgment became final and conclusive on July 26, 2011.

D Organizations transferred the above claims for reimbursement to the Plaintiff on December 21, 2017, and notified the Defendant of the assignment of claims and reached the Defendant around that time.

E. Meanwhile, as of May 8, 2019, the sum of the principal and interest of indemnity claims held by D organization against the Defendant is KRW 163,494,401, and the agreed damages rate is 12% per annum.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant does not have any special circumstances.

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