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(영문) 서울중앙지방법원 2016.07.12 2015가단5148971
구상금
Text

1. As to KRW 51,134,353 and KRW 50,817,942 among the Plaintiff, Defendant A’s year from February 11, 2015 to July 22, 2015.

Reasons

1. Basic facts

A. On January 3, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A with which the Plaintiff had operated a mutual intent company C, and issued a credit guarantee certificate to Defendant A by January 3, 2014 (the change to January 2, 2015) with the guarantee principal of KRW 50,000,000 and the guarantee term was changed to January 3, 2014.

Defendant A was granted a loan of KRW 50,000,000 from the Industrial Bank of Korea as security.

According to Article 10 of the Credit Guarantee Agreement of this case, in the event that the plaintiff fulfills the guaranteed obligation, the scope of the debtor's repayment is stipulated as follows:

Article 10 Scope of Repayment (1) When the Insured performs the guaranteed obligation, the principal and the joint guarantor shall pay immediately the amount falling under any of the following subparagraphs:

1. Performance amount of surety obligations;

2. The rate determined by the deadline for payment from the date of performance to the date of repayment with respect to the amount under subparagraph 1, and the amount calculated according to the calculation method.

3. Expenses incurred in performing guaranteed obligations;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, and performance guarantee fees;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the payment deadline from the payment date to the repayment date.

B. From January 4, 2014, Defendant A commenced the arrears of the loan from January 4, 201, but lost the benefit of time due to the company reorganization procedure (business closure) on September 11, 2014.

After that, the Plaintiff received a claim for the repayment of guaranteed obligations from the Industrial Bank of Korea, and subrogated for KRW 50,817,942 to the Industrial Bank of Korea on February 11, 2015.

Plaintiff

The prescribed rate of delay damages is 12% per annum from December 1, 2012 to the date, and additional guarantee fees for this case are 42,730 won, and the amount of legal procedure expenses (substitute payment) paid by the plaintiff for the preservation of the execution of the claim for indemnity is 273,681 won.

C. On January 22, 2014, Defendant A entered into a sales contract with Defendant B as an agent of the real estate listed in the separate sheet (hereinafter “instant real estate”).

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