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(영문) 대전지방법원 2018.07.19 2018가단207226
구상금
Text

1. The Defendant’s annual interest in KRW 80,049,972 and KRW 79,895,671 among the Plaintiff, from December 21, 2017 to March 2, 2018.

Reasons

1. Facts recognized;

A. The Plaintiff decided to provide each credit guarantee for the repayment of the principal and interest of loan to be borne by the Defendant by receiving the following loans from one bank, and issued a credit guarantee certificate to one bank as indicated below:

The term of guarantee of KRW 63,00,000 of the guaranteed principal of KRW 17,850,000 on June 30, 2016, as of the date of guarantee of the content of the letter of guarantee No. 2 of the former Section 1 guarantee of the content of the letter of guarantee No. 2 of the former Section 1, as of May 13, 2014, shall be extended by November 10, 2017, with the term of guarantee of KRW 70,000,000 on June 29, 2015, as of May 29, 2015;

B. The Defendant agreed to pay to the Plaintiff the amount of subrogated and the amount of delayed payment due to the fixed interest rate (10% per annum) from the date of performance to the date of full payment of the amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation on behalf of the Defendant due to the loss of the interest on the loan from one bank, such as repayment delay, etc. under the above credit guarantee contract.

C. The Defendant took out a loan of KRW 70,00,000 on May 14, 2014 and KRW 21,00,000 on July 25, 2016 from one bank as security, respectively.

On August 22, 2017, the Defendant lost the benefit of the loan due to the occurrence of a credit guarantee due to the delay in principal. However, upon the Plaintiff’s claim against the Plaintiff for the performance of the guaranteed obligation under the said credit guarantee certificate, the Plaintiff subrogated the Plaintiff to the Han Bank as the principal and interest of the loan amount of KRW 80,082,321 (18,008,402,000 by subrogation as the principal and interest of the first guarantee amount of KRW 62,073,919) on December 21, 2017. After recovering KRW 186,650 from the Defendant, the amount of the first guarantee payment by subrogation is KRW 61,887,269.

The amount of final and conclusive damages for the above 186,650 won from the date of subrogation to the date of recovery is 51 won.

E. The plaintiff did not perform his obligation within the time limit.

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