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(영문) 대전지방법원천안지원 2016.06.14 2015가단108570
구상금
Text

1. The Defendant’s annual interest in KRW 26,453,432 and KRW 22,157,870 among the Plaintiff, from July 4, 201 to December 31, 2013.

Reasons

1. Facts of recognition;

A. On February 24, 2009, the Plaintiff obtained a loan of KRW 33,250,000 from the Han-dong branch of the National Bank. As a result, the Plaintiff entered into a credit guarantee agreement with the content that guarantees the repayment of the principal and interest of loan to be borne by the said bank (hereinafter “the instant credit guarantee agreement”). On the same day, the Defendant jointly and severally guaranteed the liability for indemnity to be borne by B to the Plaintiff according to the credit guarantee agreement of this case.

B. B was unable to repay the above loan, and the Plaintiff subrogated to the National Bank for KRW 34,280,630,000 in total, pursuant to the credit guarantee agreement in this case.

C. The agreed interest rate for delay under the instant credit guarantee agreement is 15% per annum from the date of subrogation until December 31, 2013, and 12% per annum from January 1, 2014.

The Plaintiff recovered KRW 12,122,760 and the amount of subrogated payment was KRW 22,157,870 (i.e., KRW 34,280,630 - KRW 12,122,760). With respect to the amount recovered, 3,89,192 determined delay damages, 218,740 for legal procedure expenses incurred by the Plaintiff for preserving the claim for reimbursement, etc. (payment by subrogation) and 17,630 for additional fees.

E. On September 30, 2010, the Defendant filed an application for individual rehabilitation with the Daejeon District Court for the commencement of individual rehabilitation as of October 18, 201 and decided to authorize the repayment plan on April 20, 201, but did not enter the Plaintiff’s joint and several surety claim against the Defendant in the said individual rehabilitation procedure in the list of individual rehabilitation creditors.

[Reasons for Recognition] Evidence Nos. 1 through 12, Evidence Nos. 2 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as a joint and several surety under the credit guarantee agreement of this case, shall pay to the Plaintiff the amount of KRW 26,453,432 ( = 22,157,870 of the amount of subrogated payment of KRW 218,740 of the amount of subrogated payment of KRW 17,630 of the additional guarantee fee of KRW 17,630 of the amount of subrogated payment of KRW 3,89,192 of the amount of subrogated payment of KRW 22,157,870 of the amount of subrogated payment of KRW 22,157,870 of the amount of subrogated payment of KRW

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