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(영문) 서울중앙지방법원 2015.01.09 2014가단5241248
구상금
Text

1. The Defendant’s annual interest in KRW 23,958,363 and KRW 10,430,843 among the Plaintiff, from November 3, 2012 to November 30, 2012.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) On September 21, 2009, the Defendant applied for a credit guarantee to the Plaintiff. Accordingly, on October 1, 2009, our bank, which is the Plaintiff’s business entrusted institution, concluded a credit guarantee agreement between the Defendant and the Defendant (hereinafter “the instant credit guarantee agreement”) with the principal of the Defendant, the principal of the guarantee, and the guarantee period from October 1, 2009 to January 31, 2012 in order to guarantee the Defendant’s obligation to intermediate payment (housing) loans to our bank.

On October 1, 2009, the Plaintiff issued a certificate of issuance of a housing credit guarantee under the above credit guarantee agreement to the Bank of Korea Co., Ltd.

(2) According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant shall pay to the plaintiff the amount of the guaranteed obligation, damages for delay in accordance with the ratio set by the plaintiff, expenses incurred in the performance of the guaranteed obligation, etc.

The agreed interest rate on the amount of subrogation is 15% per annum until November 30, 2012, and 12% per annum from the following day.

(3) On October 1, 2009, Korea Bank borrowed 200 million won housing funds to the Defendant on January 31, 2012 by setting the date of expiry of the loan as security.

(4) According to the credit guarantee agreement of this case, our bank claimed the Plaintiff to discharge the guaranteed obligation upon the expiration of the term of guarantee, and the Plaintiff paid KRW 210,539,336 to our bank on November 2, 2012 (=the guaranteed principal amount of KRW 200,539,336).

The overdue guarantee fee that the Plaintiff incurred before the repayment of the above guaranteed obligation is KRW 1,084,930.

(5) On May 3, 2013, the Plaintiff recovered KRW 108,493 on December 26, 2013, and accordingly, the amount of subrogation remains 10,430,843, and the amount of delay from the date of subrogation to the date of recovery is 12,442,590.

[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings

(b) judgment;

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