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(영문) 서울중앙지방법원 2018.06.12 2017가단5211682
구상금
Text

1. Defendant A’s KRW 94,709,510 for the Plaintiff and KRW 6% per annum from September 1, 2017 to September 30, 2017.

Reasons

1. Basic facts

A. On April 20, 2015, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 240 million with respect to an apartment as indicated in the separate sheet (hereinafter “instant apartment”) and the lease term from May 30, 2015 to May 29, 2017 (hereinafter “instant lease agreement”).

B. On May 4, 2015, the National Bank Co., Ltd. (hereinafter “National Bank”) established, on May 29, 2017, the payment period of KRW 92 million on May 29, 2017, the rate of fluctuation in the rate of the agreement (based on new handling amount + 2.60%), the rate of 7% per annum not exceeding 3 months in arrears, 8% per annum exceeding 3 months but not more than 6 months, and 9% per annum exceeding 6 months (hereinafter “instant loan”) with a maximum of 18% per annum, and around that time, the deposit was loaned at KRW 110,40,00 with respect to the foregoing lease deposit claim based on the instant lease agreement (hereinafter “instant pledge”).

On November 23, 2015, the Hongle Law Firm represented by Defendant A sent a content-certified mail that notifies Defendant B of the establishment of the above pledge, and around the 25th day of the same month, the above content-certified mail sent to Defendant B.

(2) On November 27, 2015, the Plaintiff concluded a credit guarantee agreement for Defendant A’s instant loan obligations with the insurance amount of KRW 101,200,000, and the insurance period from November 27, 2015 to May 29, 2017.

According to the above credit guarantee agreement, when the plaintiff fulfilled the guaranteed obligation, the defendant A shall pay the amount paid by the plaintiff to the plaintiff for the performance of the guaranteed obligation and damages for delay (applicable to the overdue interest rate set by the plaintiff within the maximum of the overdue interest rate among the general loan interest rates of the city bank and the overdue interest rate under the loan agreement) from the day following the day of payment to the day of full payment.

C. The plaintiff's subrogation (1) defendant.

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