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(영문) 서울동부지방법원 2019.10.29 2018가단103625
구상금
Text

1. The defendant shall pay to the plaintiff KRW 39,847,049 as well as KRW 38,690,413 as to the plaintiff. From February 4, 2005 to May 31, 2005.

Reasons

1. Facts of recognition;

A. On December 15, 2001, the Defendant entered into a credit guarantee agreement with the Plaintiff on the principal and interest of loans to be borne by the Defendant to the D Bank.

According to the above agreement, in the event that the Plaintiff repaid the Defendant’s debt on behalf of the Defendant, the Defendant paid the amount of subrogation, damages for delay, and expenses incurred in compensating the Plaintiff’s claim.

B. The Defendant obtained a loan from D Bank using the above agreement, and as a guarantee accident (in arrears with principal) occurred on October 10, 2004, the Plaintiff subrogated for 43,66,581 won to D Bank on February 4, 2005.

C. On February 4, 2005, the Plaintiff received reimbursement of KRW 4,976,168 out of the subrogated amount, and the fixed damages for delay on the said amount are KRW 2,454.

On October 5, 2007, the Plaintiff filed a lawsuit against the Defendant, etc. seeking the payment of indemnity (Seoul Central District Court Decision 2007Gadan165006), and sentenced on October 5, 2007, “The Defendant paid to the Plaintiff 38,781,747 won and 38,690,413 won per annum 18% per annum from February 4, 2005 to May 31, 2005; 15% per annum from the next day to September 12, 2007; and 20% per annum from the next day to the day of full payment.” This was finalized on October 30, 2007.

E. The Plaintiff filed the instant lawsuit on September 25, 2017 for the interruption of extinctive prescription of a claim based on the foregoing judgment.

F. Meanwhile, the Plaintiff’s expenses incurred from December 23, 2013 to the present date are KRW 1,065,302 in total.

[Evidence] Facts without dispute, Gap evidence Nos. 1-1, 2-3, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the amount according to the above previous judgment and KRW 1,065,302 to the plaintiff.

3. In conclusion, the Defendant’s 39,847,049 won (=38,781,747 won) and 38,690,413 won among them shall be 18% per annum from February 4, 2005 to May 31, 2005, 15% per annum from the next day to September 12, 2007, and from the next day.

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