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(영문) 부산지방법원 2020.06.03 2018가단321442
구상금등
Text

1. Defendant A’s annual interest in KRW 8,946,228 and KRW 8,787,090 among the Plaintiff, from June 19, 2018 to September 28, 2018.

Reasons

1. Basic facts

A. On May 17, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A, setting the guarantee period of KRW 10,000,000, and the guarantee period as of May 11, 2018.

In the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff’s repayment amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation for Defendant A, the amount of the guaranteed obligation and the interest rate determined by the Plaintiff from the date of performance to the date of repayment (12% per annum from September 5, 2013), expenses incurred in the performance of the guaranteed obligation, and additional guarantee fees.

B. On May 17, 2010, pursuant to the credit guarantee agreement of the instant case, Defendant A borrowed KRW 8,500,000 from C Cooperatives as of May 11, 2018 (hereinafter “instant loan”).

C. After that, from December 17, 2017, Defendant A delayed payment of interest on the instant loan, and on January 18, 2018, a credit guarantee accident occurred due to a natural body. On June 19, 2018, the Plaintiff subrogated to C Association for the principal and interest of the instant loan amounting to KRW 8,787,090 (= Principal amounting to KRW 8,500,000) (= interest of KRW 287,090) (hereinafter “instant subrogation”).

Regarding the plaintiff's subrogation of this case, 145,868 won for legal procedure and 13,270 won for additional guarantee fee were generated.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the determination as to the claim against Defendant A, according to the credit guarantee agreement of this case, the defendant A set forth in the credit guarantee agreement of this case as the date of delivery of a copy of the complaint of this case from June 19, 2018 to September 28, 2018, clearly stated that the delivery date of a copy of the complaint of this case is the date of delivery of a copy of the complaint of this case from September 28, 2018.

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