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Reasons
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(영문) 인천지방법원 2020.05.20 2019가단275907
구상금
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1. The Defendant’s annual interest in KRW 87,292,510 and KRW 86,481,93 among the Plaintiff, from June 19, 2019 to December 5, 2019.

Reasons

1. Facts of recognition;

A. On February 25, 2016, the Defendant entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on the payment of damages for delay, additional guarantee fees, substitute payments, etc. at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of performance of the guaranteed obligation, with respect to KRW 100,000,000, the guaranteed amount shall be KRW 85,000,000, and the guaranteed period shall be February 24, 2017.

(hereinafter “instant credit guarantee agreement”). (b)

Under the credit guarantee agreement of this case, the Defendant borrowed KRW 100,000,000 from B Bank, but failed to repay the loan. On June 19, 2019, the Plaintiff subrogated to B Bank for total of KRW 86,481,933 (interest of KRW 85,00,000 on principal, KRW 1,481,933) within the scope of credit guarantee among the Defendant’s above loan obligations against B Bank pursuant to the credit guarantee agreement of this case.

C. As of June 19, 2019, the date of the Plaintiff’s subrogation, the Defendant bears the Plaintiff’s liability for indemnity amounting to KRW 87,292,510 in total, including KRW 86,481,93, additional guarantee fees, KRW 405,200, and KRW 405,377 (amount recovered - KRW 23,223,00), and the agreed rate under the credit guarantee agreement in this case is 10% per annum from February 1, 2016 to March.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 87,292,510 as of June 19, 2019, and the amount of KRW 86,481,93 as of the date of subrogation, which is the date of service of the payment order in this case, 10% per annum from June 19, 2019 to December 5, 2019, and 12% per annum from the next day to the date of full payment.

B. The defendant's judgment on the defendant's assertion is D, the former representative of the defendant.

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