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(영문) 서울동부지방법원 2020.11.24 2020가단135281
구상금
Text

The defendant's KRW 179,288,666 and KRW 178,075,036 among the plaintiff's KRW 179,28,66 and KRW 8% per annum from July 13, 2020 to July 31, 2020.

Reasons

1. Facts of recognition;

A. On June 30, 2015 and August 7, 2015, the Plaintiff entered into a credit guarantee agreement between the Defendant and C Bank to guarantee the repayment of the principal and interest of a loan of KRW 254,00,000,000 in total, within the scope of KRW 215,90,000.

B. On December 31, 2019, upon occurrence of a credit guarantee accident due to defective treatment, C Bank requested the Plaintiff to pay the guaranteed liability.

C. On July 13, 2020, the Plaintiff paid a sum of KRW 178,075,036 to C Bank as the subrogated payment upon the fulfillment of the guaranteed obligation under the above credit guarantee agreement. The rate of delay damages for the said subrogated payment under the above credit guarantee agreement is 8% per annum.

On the other hand, penalty of 589,350 won under the above credit guarantee agreement and the amount of 624,280 won in advance were generated against the defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the facts of the determination as to the plaintiff's cause of action, the defendant is obligated to pay to the plaintiff 179,28,666 won with the amount of indemnity based on the above subrogation (178,075,036 won of subrogated payment of KRW 589,350 of substitute payment of KRW 624,280 of substitute payment of KRW 178,075,036 of substitute payment of KRW 178,075,036 of the day when the plaintiff paid the payment by subrogation from July 13, 2020 to July 31, 2020 of the service date of the original copy of the payment order of this case from July 31, 2020 of the service date of the original copy of the payment order of this case, 8% per annum, and 12% per annum as stipulated in the Act on Special Cases concerning

3. The defendant's assertion cannot be rejected on the ground that the defendant is expected to file an application for individual rehabilitation procedures due to economic difficulties, or on the ground that it is not possible to reject the plaintiff's claim on the ground that it is not possible to reject the plaintiff's claim on the grounds of such circumstances.

4. Conclusion, the plaintiff's claim is justified and acceptable.

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