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(영문) 서울서부지방법원 2017.11.15 2016가단258059
구상금
Text

1. As to KRW 25,347,104 and KRW 25,256,284 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 30, 2016 to February 15, 2017.

Reasons

1. Facts of recognition;

A. On August 19, 2015, the Plaintiff concluded a credit guarantee agreement with the Defendant.

Under the above credit guarantee agreement, if the plaintiff gets paid a loan, which is the principal obligation of the plaintiff's guarantee, within the due date for the loan bank or lost the benefit of the due date, and the plaintiff gets a claim for the performance of the guaranteed obligation from the loan bank, the defendant agreed to pay to the plaintiff all incidental obligations, such as ① the payment by the plaintiff for the performance of the obligation, the amount of subrogated payment made by the plaintiff for the performance, and damages for delay based on the rate of delay determined by the plaintiff from the date of the performance to the date of full payment, ② additional guarantee fees from the day following the payment date of the guarantee fee for the amount

B. On August 19, 2015, the Plaintiff issued a letter of credit guarantee with the credit guarantee principal of KRW 25 million and the credit guarantee term as of August 19, 2016, pursuant to the said credit guarantee agreement.

C. On the same day, the Defendant obtained a loan of KRW 25 million from Switzerland Bank in accordance with the above credit guarantee agreement, and on August 20, 2016, a guarantee accident occurred due to overdue payment of principal.

On November 30, 2016, the Switzerland Bank claimed the Plaintiff to discharge the guaranteed obligation, and the Plaintiff subrogated the guaranteed obligation of KRW 25,256,284 to the said bank.

E. The additional guarantee fee under the above credit guarantee agreement is KRW 90,820, and the damages for delay determined by the Plaintiff is 12% per annum from the above subrogation date to the closing date of the argument in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination, the Defendant’s payment of KRW 25,347,104 (=25,256,284 additional guarantee fees of KRW 90,820), and KRW 25,256,284 of the said money, which was the date of subrogation, from November 30, 2016 to February 15, 2017, which was the date of delivery of a duplicate of the complaint of this case.

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