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(영문) 인천지방법원 2017.09.07 2016가단254701
구상금
Text

1. The Defendant’s annual interest in KRW 48,459,644 and KRW 8,336,076 among the Plaintiff, from March 1, 2014 to August 31, 2015.

Reasons

1. The parties' assertion

A. Since the Plaintiff guaranteed an intermediate payment loan for the Plaintiff and subrogated for the Defendant, the Defendant is obligated to pay the Plaintiff money as stated in the purport of the claim in accordance with the guarantee agreement.

B. The additional guarantee fee to be claimed by the Plaintiff is not clear in the grounds, and the lawsuit cost including the lawsuit cost of this case can be reimbursed through the process of determining the amount of the lawsuit cost pursuant to the provisions of the Costs of Civil Procedure Act after the judgment becomes final and conclusive, and thus, it cannot be appropriated

2. Facts of recognition;

A. On February 11, 2010, the Plaintiff guaranteed the amount of the intermediate payment principal and interest of the Nonghyup Bank Co., Ltd. (hereinafter “CF”) 142,260,000 won guaranteed on March 21, 2013. However, B repaid the amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, and the amount of damages according to the rate and calculation method determined by the Plaintiff as to the amount of the guaranteed obligation.

(hereinafter “instant guarantee agreement”). B.

B Based on the instant guarantee, on February 11, 2010, borrowed KRW 142,260,000 from the Nonghyup Bank.

On February 22, 2013, the Defendant assumed the obligation of the above loan and the obligation based on the instant guarantee agreement.

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