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(영문) 서울동부지방법원 2016.05.04 2015나27790
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

The defendant is against the plaintiff KRW 2,560,771 and KRW 9,63,784.

Reasons

1. In the first instance trial, the Plaintiff claimed against the Defendant each claim for the amount of money transferred from creditor financial institutions and the Plaintiff’s claim for reimbursement against the Defendant, which was the sum of KRW 37,976,792, and damages for delay after the date of calculating the claim for the principal. The court of first instance accepted the claim for each claim for the amount of money transferred in full and partly accepted the claim for the amount of reimbursement.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim of the above amount of reimbursement.

2. Facts of cause of the claim;

A. On June 28, 2011, the Defendant entered into a forest loan contract with Han Bank Co., Ltd. and borrowed KRW 9.9 million at an annual interest rate of 6%. At that time, the Plaintiff entered into an agreement with the Defendant and the Defendant to guarantee the said obligation to Han Bank by setting a five-year period (hereinafter “instant credit guarantee transaction agreement”).

B. As the Defendant was unable to repay the above loans even after the maturity date, on May 29, 2012, the Plaintiff subrogated the Plaintiff for the loan principal amounting to KRW 9,381,56 and interest KRW 282,218, total amounting to KRW 9,63,784. On the same day, the Plaintiff transferred the above loan claim against the Defendant to the Plaintiff, and notified the Defendant of the assignment of the above credit.

C. According to the instant credit guarantee transaction agreement, when the Plaintiff performed a guaranteed obligation, the Plaintiff agreed to pay expenses incurred in executing, preserving, and legal procedures the said claim and damages for delay multiplied by the interest rate as determined by the Plaintiff. The above interest rate is the interest rate determined by the Plaintiff taking into account the overdue loan interest rate of a financial institution within the scope prescribed by the law, and is 17% per annum after the date when the Plaintiff’s assets are determined, and the date when assets of indemnity claim and assignee-paid claim based on the said subrogation are determined are determined.

[Grounds for recognition] Each entry and pleading of Gap evidence Nos. 3, 7, 12, 13, and 14 (including paper numbers).

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