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(영문) 인천지방법원부천지원 2016.06.09 2015가단108965
구상금
Text

1. As to KRW 377,501,535 among the Plaintiff and KRW 375,812,754 among the Plaintiff, Defendant A shall be annually from June 12, 2015 to March 31, 2016.

Reasons

1. Basic facts

A. (1) On August 30, 2009, the Plaintiff changed the credit guarantee principal to KRW 100,000,000, and the credit guarantee term on March 29, 2010 ( thereafter, on March 27, 2015) between Defendant A and Defendant A.

(1) The creditor Han Bank Co., Ltd. (hereinafter referred to as “one bank”)

(i) a credit guarantee agreement with the terms of the credit guarantee agreement (hereinafter referred to as “the first credit guarantee agreement of this case”).

(2) On April 2, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A with the content that it is a creditor bank (hereinafter “the second credit guarantee agreement of this case”) on March 29, 201, including the credit guarantee principal of KRW 285,00,000, and the credit guarantee term (which was changed to March 27, 2015) and the credit guarantee agreement with the creditor bank (hereinafter “the second credit guarantee agreement of this case”).

3) Defendant A submitted a credit guarantee agreement under each of the above credit guarantee agreements to Han Bank and received a total of KRW 400,000,000 from Han Bank (=100,000,000). B. The occurrence of a credit guarantee accident and subrogation for the Defendant A (1) caused a credit guarantee accident due to overdue payment on February 4, 2015, and the Plaintiff subrogated to Han Bank for the payment of KRW 375,812,754 [the principal amount of the first credit guarantee agreement 100,000,000] under each of the above credit guarantee agreements (the principal amount of the second credit guarantee agreement 269,99,150,000,000].

2) 437,260 won was the penalty for delay from the date following the expiry date of the guarantee fee payment term for the first credit guarantee agreement of this case until the date preceding the date of subrogated payment, and 1,251,521 won was the substitute payment as of the closing date of pleadings. 3) Meanwhile, according to Article 10 of each credit guarantee agreement of this case, the Plaintiff shall be paid damages for delay calculated at the rate determined by the Plaintiff from the date of performance to the date of repayment. However, the rate of damages for delay determined by the Plaintiff from the date of subrogated payment to the date of closing the pleadings is 12

C. Defendant A, including the conclusion of the instant mortgage contract.

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