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(영문) 대전지방법원천안지원 2019.05.29 2019가단101942
구상금
Text

1. The Defendant’s KRW 36,324,290 and the Plaintiff’s annual rate of KRW 8% from December 18, 2018 to January 7, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the main content that the Plaintiff provides credit guarantee within the scope of KRW 36,000,00 with respect to loans that the Defendant borrowed from B bank for the purpose of lease deposit (hereinafter “the instant credit guarantee agreement”).

B. The Defendant submitted a guarantee issued under the instant credit guarantee agreement and received a house loan of KRW 40,000,000 from B Bank.

C. The Defendant lost the benefit of time by delaying the repayment of the principal and interest of the loan obligation to B Bank.

Based on the instant credit guarantee agreement, the Plaintiff repaid KRW 36,324,290 to B Bank on December 17, 2018.

The interest rate for delay under the credit guarantee agreement of this case determined by the Plaintiff shall be 8% per annum.

【Ground of recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of KRW 36,324,290 paid by the Plaintiff on behalf of the Plaintiff and the damages for delay calculated at the rate of 8% per annum from December 18, 2018 to January 7, 2019, the delivery date of a copy of the complaint of this case, which is the day following the date of the Plaintiff’s subrogation, to January 7, 2019, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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