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(영문) 서울동부지방법원 2016.01.27 2015가단30290
구상금
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. Defendant B’s KRW 34,645,698 and KRW 13,014,244 among the Plaintiff.

Reasons

1. Facts of recognition;

A. C has concluded a credit guarantee agreement on August 13, 1994 with a credit guarantee agreement of 25,00,000 won with a credit guarantee agreement of 10 years from the date of the credit guarantee period, and 10,000 won with a credit guarantee agreement of 3.5% per annum on September 12, 1994, with a credit guarantee agreement of 10,000 won as collateral and 25,00,000 won as interest rate of 5% per annum, 17% per annum, interest rate of 5% per annum, 17% per annum, 199, 30% per annum, 30,000 interest rate of 15% per annum, 30,000 credit guarantee interest rate of 10,000 won as collateral, and 10.5% per annum, 199, 30% per annum, 30,0000, 199.

B. According to the above credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation under the agreement, C paid damages (applicable to the pertinent interest rate on loans of a financial institution) and expenses required for the payment after the date of the performance of the guaranteed obligation to the Plaintiff in addition to the amount of the guaranteed obligation, and paid guarantee fees, administrative fines, and penalty as determined by the Plaintiff.

C. However, due to the aggravation of financial standing, C lost the interest of each of the above loans due to the occurrence of bankruptcy around 2004, and on February 6, 2004, upon receiving notice of the occurrence of the above credit guarantee accident, the Plaintiff subrogated to the 26,028,488 won (=16,688,840 won of the principal and interest of the above loan + 16,688,840 won + the principal and interest of the loan + 9,339,648 won).

After the payment by subrogation, until May 12, 2015.

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