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(영문) 인천지방법원 2017.11.30 2017가단212018
구상금
Text

1. The Defendant’s KRW 66,128,258 and KRW 46,468,328 among the Plaintiff and the Plaintiff’s KRW 66,468,328 shall be from March 31, 2012 to November 30, 2012.

Reasons

1. As to the cause of claim

A. 1) On July 31, 2009, the Plaintiff guaranteed the obligation of the intermediate payment to the Defendant’s new bank as to the principal and interest of interest of interest of interest of interest of interest of interest of interest of interest of interest of interest of the new bank from August 25, 2009 to October 31, 201. The Defendant repaid ① the amount of the Plaintiff’s obligation when the Plaintiff performed the obligation, and damages arising from the rate and calculation method as determined by the Plaintiff’s obligation, and ② the payment of the guarantee fee, overdue, additional guarantee fee, additional guarantee fee, additional guarantee fee, refund of the Plaintiff’s guarantee fee, etc. shall comply with the Plaintiff’s rate and calculation method as determined by the Plaintiff, and at the time of collection (the delayed guarantee fee shall be calculated at the rate of 10% per annum from the day following the date on which the Plaintiff’s obligation is to be paid to the unpaid guarantee fee by the due date plus 0.5% per annum from the date immediately preceding the due date of performance of the guaranteed obligation).

3) After that, the Defendant lost the benefit of time, and the Plaintiff subrogated for KRW 202,878,958 to the new bank on March 30, 2012. 4) The Plaintiff recovered KRW 156,410,630 on December 12, 2013 due to the cancellation of the sales contract concluded by the Defendant.

5) The additional guarantee fee incurred prior to subrogation is KRW 106,460. 6) The rate of damages determined by the Plaintiff under the instant guarantee agreement is 15% per annum from July 2, 2004 to November 30, 2012, 12% per annum from December 1, 2012 to August 31, 2015, and 8% per annum from September 1, 2015, and collected KRW 156,410,630 from March 31, 2012 to February 12, 2013.

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