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(영문) 서울동부지방법원 2020.04.24 2019가단157667
구상금
Text

1. As to KRW 147,731,016 and KRW 147,170,518 among the Plaintiff, the Defendant shall start from August 21, 2019 to September 17, 2019.

Reasons

1. Facts of recognition;

A. In obtaining a loan from an enterprise bank, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Defendant with regard to the obligation to repay the principal and interest of the loan amounting to KRW 170 million, the maximum amount of the loan guaranteed, KRW 221,00,000, and the credit guarantee period from April 14, 2016 to April 13, 2017, and issued a written credit guarantee agreement (hereinafter “credit guarantee agreement in this case”).

B. On April 30, 2016, the Defendant submitted the credit guarantee statement to an enterprise bank and received a loan of KRW 200 million.

Afterwards, the Plaintiff and the Defendant concluded a contract under which the guaranteed amount of the instant credit guarantee agreement is KRW 153,00,000, the maximum guaranteed amount is KRW 198,90,000, and the credit guarantee period is up to April 12, 2018, ② the guaranteed amount of the instant credit guarantee agreement is KRW 144,50,000, the maximum guaranteed amount is 187,850,000, and the credit guarantee period is up to April 12, 2019.

C. On April 24, 2019, the Defendant caused a credit guarantee accident for defective treatment (non-smoking enterprises).

On August 21, 2019, the Plaintiff subrogated for 147,170,518 won (i.e., principal amount of KRW 143,749,138) to a corporate bank (i.e., KRW 3,421,380).

The Plaintiff spent 292,698 won in total as expenses for recovery of indemnity, and calculated penalty in accordance with the credit guarantee agreement in this case, it shall be 267,800 won.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff a total amount of KRW 147,731,016 (i.e., KRW 147,170,518, KRW 292,698, KRW 267,800) and the principal amount of KRW 147,170,518, which is the date of subrogation, from August 21, 2019 to September 17, 2019, which is the date of delivery of a duplicate of the complaint of this case, 8% per annum, which is the interest rate for delayed damage determined by the Plaintiff, and damages for delay calculated at 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(b).

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