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(영문) 서울중앙지방법원 2019.06.21 2017가합533780
구상금 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 258,158,591 as well as KRW 257,251,112 as to the Plaintiff’s KRW 257,251,112. From April 26, 2017 to June 7, 2017.

Reasons

1. Basic facts

A. On June 3, 2014, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Industrial Bank of Korea with respect to the Defendant’s obligation to obtain a loan from the Industrial Bank of Korea with the credit guarantee principal of KRW 270 million, and the credit guarantee period from June 3, 2014 to June 2, 2015. The said credit guarantee agreement extended the guarantee period and changed the guarantee period to June 2, 2017.

(hereinafter “instant credit guarantee agreement”). (b)

Meanwhile, at the time of the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation due to the Defendant’s failure to repay the loan to the lending bank, the Defendant decided to repay the incidental obligation, such as the amount of the repayment of the guaranteed obligation, damages for delay calculated by multiplying the amount of the repayment of the guaranteed obligation by the interest rate set by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the right acquired from the repayment of the guaranteed obligation.

C. The Plaintiff issued a guarantee to the Defendant pursuant to the instant credit guarantee agreement, and the Defendant borrowed 300 million won from the Industrial Bank of Korea as collateral a guarantee under the instant credit guarantee agreement, but did not pay interest on September 3, 2016, thereby losing the interest on the said loan obligations.

On April 26, 2017, the Plaintiff subrogated to the Industrial Bank of Korea for the principal and interest of KRW 257,251,112 (principal interest of KRW 255,500,000) under the instant credit guarantee agreement, and paid KRW 907,479 to the Defendant’s property for the measures to preserve claims, etc.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4 (including branch numbers, if any) and the purport of whole pleadings

2. According to the above facts of recognition, the Defendant’s total amount of KRW 258,158,591 (=257,251,112 + the expenses for the measures for preserving claims 907,479) and the Plaintiff.

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