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(영문) 창원지방법원 2019.03.06 2017가단119748
구상금
Text

1. The Defendant’s annual period from November 21, 2017 to November 16, 2018, as to KRW 96,737,564 and KRW 96,345,813 among the Plaintiff.

Reasons

1. Facts of recognition;

A. A borrowed KRW 270,000,000 from C Bank on August 1, 2014. The Plaintiff concluded a credit guarantee agreement with A and guaranteed the said loan’s obligation.

B. On November 21, 2017, the Plaintiff subrogated for KRW 97,264,183 to C Bank as a result of delay in the repayment of the above loan, and recovered KRW 918,370 among them.

C. Under a credit guarantee agreement, A paid the Plaintiff’s subrogated payment in addition to damages for delay and legal procedure costs at the rate determined by the Plaintiff. The rate of damages for delay determined by the Plaintiff is 10% per annum since February 1, 2016, and the legal procedure costs incurred by the Plaintiff are 391,500 won.

A died on August 16, 2018, and the defendant, who is the child, succeeded to A.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of subrogated amount of KRW 96,345,813 (i.e., KRW 97,264,183 - KRW 918,370), KRW 251, total legal procedure costs, KRW 96,737,564, and the amount of subrogated amount of KRW 96,345,813, which is the date of subrogated payment, from November 21, 2017 to November 16, 2018, which is obvious in the record that it is the last delivery date of the application for change of the purport of the claim and the cause of the claim in this case, 10% per annum, which is the rate of delay damages, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is justified and accepted.

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