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(영문) 서울중앙지방법원 2018.03.30 2017나84008
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. B entered into a credit guarantee contract with the Defendant, and the Plaintiff jointly and severally guaranteed the obligation to be borne by B under the said credit guarantee contract.

According to the above credit guarantee contract, B shall bear damages according to the ratio set by the defendant for the amount of performance when the defendant fulfilled the guaranteed obligation.

The rate of damages determined by the Defendant is 15% per annum until December 6, 2012 and 12% per annum thereafter.

The amount of subrogated payment on the date of subrogation shall be calculated by adding the expenses, penalty, guarantee fee, administrative fine, etc. prescribed in a credit guarantee contract to the amount of subrogated payment on the date of subrogation.

1. KRW 64,46,09 KRW 68,561,625 on March 18, 2011, KRW 15,103,452 on March 18, 201, KRW 15,104 on March 15, 201

B. The Defendant subrogated for B’s obligations as shown below.

C. The Plaintiff filed an application for commencement of individual rehabilitation procedures with the Gwangju District Court 201 Congress 29888, and received a decision to authorize the repayment plan on January 29, 2013. Through the above procedure, the Plaintiff repaid KRW 28,746,871 to the Defendant regarding the above amount of reimbursement obligations.

On January 18, 2017, the Plaintiff was granted immunity.

The main debtor B filed an application with the Gwangju District Court 2012 Congress 12436 to commence individual rehabilitation procedures, and on October 25, 2012, the repayment plan was authorized and decided on October 25, 2012, and through the above procedure, the defendant repaid the amount of KRW 89,440,534 to the defendant as to the above indemnity obligation.

B was granted immunity on October 16, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Gap evidence 8 and 9, the purport of the whole pleadings

2. The assertion and judgment

A. As the repayment plan of the Plaintiff’s assertion is authorized in each of the above individual rehabilitation procedures, the interest or delay damages should be calculated according to the agreed rate or statutory interest rate, which is not the rate of damages under the above credit guarantee contract.

The amount of claims of the defendant expected to be repaid in each individual rehabilitation procedure is KRW 102,892,545 for B, and KRW 106,031,702 for the plaintiff.

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