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(영문) 서울중앙지방법원 2017.06.15 2015가단5315061
구상금
Text

1. As to KRW 256,58,465 and KRW 254,195,178 among the Plaintiff, the Defendant shall start from December 17, 2014 to August 13, 2015.

Reasons

1. Facts of recognition;

A. On August 7, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant regarding a loan granted by the Defendant from a national bank by setting the credit guarantee principal of KRW 255,00,000, and the credit guarantee period from August 7, 2014 to August 6, 2015.

(hereinafter “instant credit guarantee agreement”). (b)

Since then, the defendant applied for rehabilitation, and the plaintiff subrogated to the National Bank, which is the guarantor, for the amount of KRW 256,464,328 on December 17, 2014.

C. The Plaintiff spent KRW 2,406,724 to preserve the above claim for reimbursement, but partly recovered KRW 2,392,541, which occurred by subrogation. Of the above subrogated amount, KRW 2,269,150 was recovered and the amount of subrogation was KRW 254,195,178, and the final damages for recovery was 746 won.

On the other hand, the Defendant was decided to commence rehabilitation procedures on October 28, 2015, Seoul Rehabilitation Court 2015dan100230, which was decided to commence rehabilitation procedures. On July 20, 2016, the rehabilitation plan, which was submitted by the Defendant’s counterpart administrator, was decided to exclude the rehabilitation plan from the meeting of interested persons.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant shall pay to the Plaintiff the amount of KRW 256,58,465 (=amount of KRW 254,195,178 plus KRW 746 of subrogated damages of KRW 2,392,541) and damages for delay calculated at the rate of 12% per annum from December 17, 2014, the date of subrogation, to August 13, 2015, which is the date when the original copy of the instant payment order was served on the Defendant, from the date when the original copy of the instant payment order was served, until August 13, 2015, and from the next day to September 30, 2015, the amount of delay damages calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the date when the payment is made.

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