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(영문) 서울중앙지방법원 2017.04.21 2015가합565288
구상금 등
Text

1. As to KRW 428,124,763 among the Plaintiff and KRW 303,597,269 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 115,481,129.

Reasons

1. Facts of recognition;

A. As indicated in the table 1 below, the Plaintiff’s each credit guarantee agreement with the Defendant to guarantee the Defendant’s bank loans obligations (hereinafter “each credit guarantee agreement of this case”) (hereinafter “each credit guarantee agreement of this case”).

(2) On November 27, 2014, on November 28, 2013, the Plaintiff concluded a credit guarantee agreement between the date of guarantee of the Plaintiff’s credit guarantee content and the date of payment of the guaranteed amount (the date of performance of the guaranteed obligation) and November 27, 2014 (the date from December 1, 2012 to January 31, 2016). In the event the Plaintiff performed the credit guarantee obligation at the time of the instant credit guarantee agreement, the Defendant agreed to pay the Plaintiff the amount subrogated by the Plaintiff and the amount determined by the Plaintiff from the date of payment of the guaranteed amount (the date of performance of the guaranteed obligation) to November 27, 2014 (the date from February 1, 2012 to January 31, 2016 to the date from February 1, 2016).

B. (1) The Defendant was granted a loan of KRW 285,00,000 from the new bank in accordance with the credit guarantee agreement of this case, and KRW 375,00,000 from the Han Bank respectively. (2) The Plaintiff was notified of the occurrence of a credit accident due to delay in the principal and interest of the Defendant from the Han Bank on June 26, 2015. The Plaintiff received 303,597,269 won from Han Bank on September 25, 2015 in subrogation of the Defendant (i.e., principal amount of KRW 299,947,418, KRW 3,649,851), and repaid the principal amount of KRW 239,148,677 won to the new bank on October 14, 2015 (= principal of KRW 236,300,000, KRW 284,677).

3) On June 14, 2016, the Plaintiff received dividends of KRW 127,166,449 as a result of the exercise of a right to collateral security transferred from a new bank according to the said subrogation for the new bank. The Plaintiff paid dividends of KRW 3,498,901 by subrogation for the foregoing procedure. The Plaintiff appropriated the said dividends for part of the original amount of substitute payments and subrogation payments, and the amount of subrogation for the new bank is KRW 115,481,129 (=239,148,677), and the amount of subrogation for the new bank is KRW 123,67,548.

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