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(영문) 서울중앙지방법원 2016.12.30 2016가단5128745
구상금
Text

1. As to KRW 16,580,759 and KRW 16,409,492 among the Plaintiff, Defendant A shall be from March 18, 2015 to April 28, 2015.

Reasons

1. Facts of recognition;

A. (1) On October 1, 2013, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A, setting the credit guarantee principal as of September 29, 2017, with respect to a pecuniary obligation to be borne by the Defendant A with a loan from the Korea Standards Bank Co., Ltd. (hereinafter “Small Bank”), and issuing a credit guarantee agreement with the Non-Party Bank on the same day.

(2) On October 1, 2013, Nonparty bank loaned KRW 20,000,000 to Defendant A on the condition of installment payment with the said credit guarantee form as security.

(3) On December 2, 2014, Defendant A lost the interest of the time limit for the loan due to the delay in the principal (including the delay in the due date of the discount bill) and the Plaintiff incurred a prior right to indemnity.

On March 18, 2015, the Plaintiff paid the principal and interest of 16,682,752 to a non-party bank, and collected 273,260 won on the same day and appropriated it to Defendant A’s indemnity claim.

The balance of the claim for indemnity due to the Plaintiff’s subrogation is KRW 16,409,492 (i.e., the above KRW 16,682,752 - the above KRW 273,260). The legal costs incurred by the Plaintiff in order to preserve the execution of the claim for indemnity shall be KRW 171,267 (the amount of KRW 18,633, Apr. 1, 2016, which was recovered on May 10, 2016).

(4) At the time of the conclusion of the instant credit guarantee agreement, Defendant A paid all incidental obligations, such as legal procedure expenses, etc., incurred by the Plaintiff in order to execute or preserve the right by discharging the guaranteed obligation, and determined to pay damages for delay at the interest rate set by the Plaintiff within the limit of 25 percent per annum.

The rate of delay damages determined by the Plaintiff is 15% per annum from the date of subrogation until April 28, 2015, and 12% per annum from the next day.

B. (1) Defendant A’s act of disposing of the property of the Defendant A (i) the instant case is not more than 4,722m2 square meters, which is the only property with the Defendant B, which is the only property with the Defendant B, on December 8, 2014.

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