logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.21 2019가단5245887
구상금
Text

1. As to KRW 31,366,981 and KRW 30,610,928 among them, the Defendant shall pay to the Plaintiff the year from August 9, 2016 to October 12, 2017.

Reasons

1. Facts of recognition;

A. On December 5, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant with a credit guarantee principal of KRW 50,000,000, and until December 5, 2018, and issued a written credit guarantee agreement to the Defendant (hereinafter “instant credit guarantee agreement”).

According to the above credit guarantee contract, when the plaintiff performed the guaranteed obligation, the defendant agreed to pay to the plaintiff the amount of the guaranteed obligation performance and the rate and damages calculated according to the calculation method determined by the plaintiff from the date of repayment to the date of repayment.

B. The Defendant obtained a loan from a stock company B (hereinafter “B”) as security.

C. The Defendant did not pay the principal of the loan to B, and B filed a claim with the Plaintiff for the payment of the deposit under the credit guarantee contract of this case.

On August 9, 2016, the Plaintiff subrogated 34,710,730 won of the principal and interest of loans to B.

E. The plaintiff's above D.

The balance of the amount of indemnity due to the subrogation stated in the paragraph remains 30,610,928 won, and the amount of damages due to the partial recovery of the amount of indemnity (the amount of damages incurred due to the recovered amount) 756,053 won, and the rate of damages incurred due to the agreed amount of indemnity is 12% per annum until October 12, 2017, and 10% per annum from the following day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the indemnity amount by subrogation under the credit guarantee contract of this case, so the Defendant is obligated to pay 31,366,981 won (i.e., the balance of the indemnity amount of KRW 30,610,928 KRW 756,053 won) and 30,610,928 out of that amount, 12% per annum from August 9, 2016 to October 12, 2017, the agreed delay interest rate of KRW 30,610,928, which is the date of performance of the guaranteed obligation; and from the following day, 10% per annum from the date of delivery of the copy of the complaint of this case until November 28, 2019; and 10% per annum from the next day until the date of full payment.

arrow