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(영문) 부산지방법원 2015.06.10 2015가단200209
구상금
Text

1. As to the Plaintiff, Defendant A’s KRW 14,968,989 and KRW 14,876,954 among them, Defendant B, C, and D respectively, and KRW 9,979,326.

Reasons

1. Facts of recognition;

A. In obtaining a loan from the Industrial Bank of Korea, the Plaintiff entered into a credit guarantee agreement with the Plaintiff to guarantee the principal and interest of the loan (hereinafter “instant credit guarantee agreement”), and the network, upon the Plaintiff’s guarantee, was loaned KRW 5 million from the said bank on April 9, 2013.

B. After that occurrence of a guarantee accident where the net E does not pay the principal and interest of the loan, the Plaintiff subrogated for KRW 45,143,124 on June 30, 2014 upon the Bank’s request for the performance of guaranteed obligations.

C. As of June 30, 2014, the Plaintiff paid KRW 512,260 as soon as the date of subrogation and appropriated it to the principal of the claim for reimbursement, the outstanding amount of subrogation as of June 30, 2014 is KRW 44,630,864, and the fixed delay damages calculated by the ratio of 12% per annum 12% per annum as of June 30, 2014 to the partial repayment of KRW 512,260.

Under the credit guarantee agreement in this case, the plaintiff and the deceased E agreed to reimburse the legal procedural costs incurred for the enforcement or preservation of the right to indemnity, and the rate of delay damages incurred by subrogation was set at 12% per annum.

On July 15, 2014, the Plaintiff spent KRW 275,937 as the expense for filing an application for provisional attachment.

E. The deceased on April 4, 2014, and Defendant A, his spouse, succeeded to the respective shares of 3/9 and Defendant B, C, and D, each of whom was their children.

[Reasons for Recognition] Defendant A, C, and D: Defendant B: Each entry in the evidence of subparagraphs 1 through 4, and the purport of the whole pleadings

2. In full view of the above facts of recognition as to the cause of claim Gap's 3,906,969 won for the amount of reimbursement to be paid to the plaintiff by the deceased E (i.e., KRW 44,630,864 for the legal procedure expenses of KRW 168 for the amount of subrogated payment, KRW 275,937 for the amount of subrogated payment, KRW 44,630,864 for the amount of principal payment from June 30, 2014 to the delivery date of a copy of the complaint of this case from June 30, 2014 to the delivery date of a copy of the complaint of this case, and KRW 12% for the following day to the date of full payment.

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