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(영문) 전주지방법원군산지원 2014.10.23 2014가단1466
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,725,303 and the interest rate of KRW 20% per annum from January 21, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 4, 1996, the Defendant obtained a loan of KRW 40,000,000 from the Kim Jong Credit Union as of October 4, 1997, with the Plaintiff’s guarantee.

(hereinafter referred to as “first loan”). (b)

Under the joint and several sureties of the Plaintiff and C, the Defendant used credit cards issued by the Bank of Korea or obtained loans, and the amount of debts as of March 31, 2005 is KRW 14,700,000.

(hereinafter “Second Loan”). On May 13, 2005, Korea Bank transferred the above credit against the Defendant to a limited liability company specializing in asset-backed securitization. On June 16, 2005, the notice of transfer reached the Plaintiff, the Defendant, and C.

Since then, a limited liability company specializing in Hemomo Asset-backed securitization filed a lawsuit against the plaintiff, defendant, and C with Jeonju District Court Kim Jong-si, 2008Gaso4867, and on May 19, 2008, the plaintiff, defendant, and C jointly and severally paid 14,70,000,000 won to the limited liability company specializing in Hemomomo Asset-backed securitization and 17% interest per annum from April 1, 2005 to the date of full payment, which became final and conclusive around that time.

C. On July 12, 2012, the Plaintiff repaid KRW 15,000,000 among the loans No. 1 to the Kim Credit Union as the Defendant’s surety, and on April 26, 2013, as the Defendant’s joint and several surety, the Plaintiff repaid KRW 15,725,303 out of the loans No. 2 to a limited company specialized in pro-Mao Asset-backed.

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

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, the primary debtor of the first and second loans, is the Plaintiff KRW 30,725,303 in total by subrogation (= KRW 15,00,000 in total) and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from January 21, 2014 to the date of full payment, as sought by the Plaintiff.

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