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(영문) 서울중앙지방법원 2015.09.23 2014가단5243091
구상금
Text

1. As to KRW 36,284,415 and KRW 36,053,90 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 22, 2012 to September 23, 2014.

Reasons

1. Facts of recognition;

A. On June 10, 2013, the Plaintiff’s credit guarantee amount of KRW 10,000,000,000 for a loan extended by the financial institution for the guarantee period of the Plaintiff’s credit guarantee amount of KRW 10,000,000 for the loan extended by the financial institution (SC branch) on June 10, 2013, and KRW 240,000,000 for the payment of the Plaintiff’s credit guarantee amount of KRW 317,00,000 for the SC Japan (GG branch) on May 22, 2014, the Defendant agreed to compensate the Plaintiff for the damages incurred by the Plaintiff from the payment of the Plaintiff’s subrogated payment and the payment of the subrogation amount to the date on which the payment was made, and the Plaintiff agreed to compensate for the Plaintiff’s damages incurred by delay for the damages incurred by the damages incurred by the damages incurred by the damages incurred by the Plaintiff.

B. On November 22, 2012, the Defendant was unable to repay the principal and interest of the loan. On November 22, 2012, the Plaintiff subrogated for KRW 2,253,460 in relation to the loan stated in No. 2, KRW 19,519,618 in relation to the loan stated in No. 2, and KRW 15,443,947 in relation to the loan stated in No. 3. 1,163,120 in subrogation. Thereafter, the amount of delay damages that the Plaintiff applied is KRW 36,053,90 in subrogation is KRW 15% per annum.

The legal procedure cost incurred by the Plaintiff in preserving the claim for reimbursement of this case is KRW 230,510.

[Reasons for Recognition] Gap's evidence Nos. 1-6 and the purport of the whole pleadings

2. Determination:

A. According to the facts found by the Defendant’s liability for reimbursement, the Defendant is obligated to pay to the Plaintiff 36,284,415 won (i.e., the amount of subrogated KRW 36,053,905 legal procedure cost of KRW 230,510) and the amount of subrogated 36,053,905 won, whichever is the date of subrogation, to the Plaintiff, 15% per annum per annum from November 22, 2012 to September 23, 2014, which is the date of delivery of a copy of the complaint in this case, and 20% per annum from the following day to the date of full payment.

B. The main point of the Defendant’s argument is that of the Plaintiff’s assertion.

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