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(영문) 서울서부지방법원 2019.11.01 2019가단240301
구상금
Text

1. As to KRW 43,463,607 and KRW 42,057,87 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 4, 2014 to January 31, 2016.

Reasons

1. Facts of recognition;

A. On June 22, 2011, the Plaintiff entered into a credit guarantee agreement with the Defendant, setting the credit guarantee principal as KRW 45 million, and the credit guarantee period as from June 22, 201 to June 21, 2012 (the extension from June 19, 2014). In the event the Plaintiff fulfilled the guaranteed obligation, the Plaintiff agreed to reimburse the Plaintiff of the amount of the performance and the amount of the performance and the interest on delay, guarantee fee, penalty, etc. at the rate determined by the Plaintiff from the date of full payment to the date of full payment, and pay the final damages.

B. On June 23, 2011, the Defendant submitted a credit guarantee certificate issued by the Plaintiff pursuant to the said credit guarantee agreement and borrowed KRW 50 million from C Bank.

C. Since then, a credit guarantee accident occurred due to the Defendant’s delinquency in paying the principal and interest of loan, and on September 4, 2014, the Plaintiff subrogated for KRW 45,890,585 to C Bank.

The Plaintiff recovered the total amount of KRW 3,832,70 and paid the subrogation amount of KRW 42,057,877 (=45,890,585 won - 3,832,708). The Plaintiff incurred a final damages of KRW 1,199,60 and a penalty of KRW 206,130.

E. Meanwhile, the Plaintiff’s interest rate for delay is 12% per annum from December 1, 2012 to January 31, 2016, 10% per annum from February 1, 2016 to March 31, 2019, and 8% per annum thereafter.

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

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant: (i) KRW 43,463,607 (i.e., KRW 42,057,877; KRW 1,199,60; KRW 206,130; and (ii) the remainder of the subrogated amount of KRW 42,057,877, which is the date of subrogation, shall be 12% per annum, the agreed interest rate for the period from September 4, 2014 to January 31, 2016; (ii) KRW 10% per annum, the agreed interest rate for the period from February 1, 2016 to March 31, 2019; (iii) from April 1, 2019 to July 28, 2019, the original copy of the payment order in this case; and (iv) from July 29, 2019.

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