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(영문) 인천지방법원 2020.07.23 2020가단221852
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 126,848,201 as well as KRW 126,709,195 as to the Plaintiff. From March 17, 2020 to March 25, 2020.

Reasons

1. Facts of recognition;

A. On July 19, 2019, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant to guarantee the payment of loans owed by the Defendant to B Bank C branches, setting the guarantee period from July 19, 2019 to July 17, 2020.

B. The Plaintiff issued a letter of credit guarantee under the instant credit guarantee agreement to the Defendant, and on July 29, 2019, the Defendant was loaned KRW 148 million at the C branch of B Bank C at the point of B Bank C.

C. However, on January 30, 2020, the Defendant delayed the payment of interest on the above bank, causing a credit guarantee accident. On March 17, 2020, the Plaintiff subrogated to the above bank in total KRW 126,709,195.

Meanwhile, at the time of the conclusion of the instant credit guarantee agreement, the Plaintiff and the Defendant agreed to reimburse the Plaintiff for the repayment amount of the guaranteed obligation and the expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff as the repayment of the guaranteed obligation, and damages for delay calculated at

The interest rate determined by the Plaintiff is 8% per annum from the date of the above subrogation to the date, and the cost of enforcement preservation paid by the Plaintiff is 139,006 won.

[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 is obligated to pay to the plaintiff 126,848,201 won (i.e., 126,709,195 won for the execution and preservation of claims by subrogation and 139,006 won for the execution and preservation of claims by subrogation) and the damages for delay calculated at the rate of 8% per annum from March 17, 2020 to March 25, 2020 where a copy of the complaint of this case was delivered from March 17, 2020 to March 25, 2020, and the damages for delay calculated at the rate of 12% per annum as stipulated in the "Special Act on

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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