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(영문) 서울중앙지방법원 2017.01.13 2016나58507
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 9, 2010, the Plaintiff concluded a credit guarantee agreement with the Defendant to guarantee the Defendant’s obligation for intermediate payment loans related to the Defendant’s Ilsan B apartment (hereinafter “instant apartment”) by setting the guaranteed principal amount as KRW 82,400,00, and the guarantee period as seven months from the date of the loan (hereinafter “instant apartment”), and agreed to pay expenses, such as the rate determined by the Plaintiff in addition to the amount of subrogated payment, damages for delay in accordance with the calculation method, and other legal procedural costs necessary to exercise or preserve the right to indemnity, in the event the Plaintiff loses the benefit due to the repayment delay, etc. of the loan and the Plaintiff makes a subrogation to the lending financial institution.

B. On December 9, 2010, the Defendant received a loan of KRW 82,400,000 from the Nonghyup Bank based on the housing finance credit guarantee certificate issued by the Plaintiff to the Defendant pursuant to the said credit guarantee agreement.

(hereinafter “instant loan”). C.

The Defendant’s delayed repayment of the instant loan, resulting in an insured event that the Nonghyup Bank requested the Plaintiff to pay the deposit under the Credit Guarantee Agreement. On May 16, 2014, the Plaintiff subrogated to the Plaintiff for KRW 82,40,00 of the loan principal, KRW 9,549,861, and KRW 92,924,80 of the loan principal, KRW 974,940, and KRW 92,924,80 of the loan principal by subrogation of the Defendant.

The rate of delay damages determined by the Plaintiff at the time of the instant credit guarantee agreement is 12% per annum from May 17, 2014 to August 31, 2015, and 8% per annum from the next day to the full payment date. Additional guarantee fees incurred before the Plaintiff’s performance of the guaranteed obligation are 1,682,310 won, and substitute payments are 71,523 won.

The amount of subrogation remaining after the plaintiff recovered 25,730 won from the defendant is 92,89,071 won, and the remaining amount of delay damages is 516 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion.

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