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(영문) 서울중앙지방법원 2015.06.03 2014가단5285774
구상금 및 사해행위취소 등
Text

1. As to the Plaintiff, Defendant A’s KRW 89,770,744 and KRW 89,332,474 among them, the year from August 22, 2014 to January 10, 2015.

Reasons

1. Determination as to the claim for indemnity

A. Fact-finding 1) The Plaintiff entered into a credit guarantee agreement with Defendant A (the representative ofC) as listed below, and the above Defendant borrowed money from a national bank in accordance with the credit guarantee agreement. Under each of the credit guarantee agreements, the Defendant agreed to pay the Plaintiff the amount of the obligation to guarantee and the amount of delayed payment, guarantee fee, penalty, expenses incurred in the preservation of rights, and exercise of the rights: ① the amount of the obligation to guarantee and the amount of the obligation to guarantee and the amount of the obligation to guarantee, ② the amount of delayed payment, penalty, ③ the amount of the obligation to guarantee, and the amount of the loan extended on June 15, 2010 and the amount of the credit guarantee extended on June 12, 2015, the Defendant lost the interest of the national bank on June 85, 200,000, and the amount of the loan extended on June 10, 2000 and the amount of the loan extended on June 10, 2010.

Accordingly, on August 22, 2014, the Plaintiff subrogated to the National Bank for KRW 20,304,184 (interest of KRW 19,83,342, interest of KRW 470,842), and KRW 69,028,290 (interest of KRW 68,00,000,00) for the principal and interest of KRW 29,332,474, in total, pursuant to the aforementioned credit guarantee agreement.

3) The unpaid guarantee fee from June 17, 2014 to June 30, 2014 under Table 1 is KRW 9,880 ( KRW 19,83,342 x 1.3% x 1.3% x 14/365 x less than 10 won for guarantee fees and penalty). The unpaid guarantee fee for the same period as the above unpaid guarantee fee is KRW 30 ( KRW 9,80 x 10% x 14/365). The penalty is KRW 45,200 ( KRW 19,83,342 x 1.6% x 1.6% x 52/365). In addition, the unpaid guarantee fee is KRW 383,160 among the expenses paid by the Plaintiff for preserving the indemnity claim / [Grounds for recognition] 1 through 7 (including the number of pages, the purport of the entire pleadings as well as the purport of the pleading.

B. Defendant A shall pay the Plaintiff the amount of subrogated payment of KRW 89,770,744.

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