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(영문) 서울중앙지방법원 2015.05.20 2015가단5007803
구상금
Text

1. As to KRW 44,309,298 and KRW 6,403,779 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 13, 2013 to December 11, 2014.

Reasons

1. Facts of recognition;

A. On October 29, 2009, the Plaintiff entered into a housing finance credit guarantee agreement with Nonparty B, setting the guaranteed amount to KRW 200 million and the term of guarantee to three years in receiving an apartment part payment loan from the Nonghyup Bank.

B. B submitted a certificate of guarantee issued under the above agreement on October 30, 2009 and received a loan of KRW 200 million from the Nonghyup Bank.

C. After that, between the Plaintiff and the Plaintiff on March 2011, the Defendant entered into a housing financial credit guarantee agreement with the guaranteed amount of KRW 200 million (hereinafter “the instant credit guarantee agreement”) with respect to acquiring the above loan obligations against the Nonghyup Bank, and acquired the above loan obligations against the Nonghyup Bank in B.

According to the credit guarantee agreement of this case, when the plaintiff performed a guaranteed obligation, the defendant bears the payment by subrogation and the damages for delay in accordance with the rate prescribed by the relevant laws and regulations and the incidental obligation against the plaintiff.

E. The Plaintiff filed a claim against the Nonghyup Bank for the performance of the guaranteed obligation on the ground that the Defendant lost the benefit of the term of the above loan, and on April 12, 2013, the Plaintiff subrogated to the Nonghyup Bank KRW 206,765,423 in accordance with the credit guarantee agreement of this case.

F. On October 28, 2014, the Plaintiff collected KRW 200,361,644 out of the amount of subrogated payment, and appropriated the amount of subrogated payment to the above amount of KRW 6,403,779 as at the present time, and the amount of subrogated payment remains to be paid in KRW 200,361,644. The fixed damages for delay on the amount of KRW 200,361,64 shall be KRW 37,151,989 [20,151,989 x 12% x 12% x 564/365 (from April 13, 2013 to October 28, 2014]. The amount payable in arrears shall be KRW 753,530.

On the other hand, the rate of delay damages under the credit guarantee agreement of this case is 12% per annum from December 1, 2012 to the date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's claim, the defendant does not have any special reason to the plaintiff.

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