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(영문) 서울동부지방법원 2020.05.22 2019가단113827
구상금
Text

1. As to KRW 39,043,742 and KRW 39,043,670 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from July 13, 2018 to May 8, 2020.

Reasons

1. Facts of recognition;

A. On December 15, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant regarding loans that the Defendant received from D (hereinafter “D”) by setting the credit guarantee principal of KRW 85,00,000, and the credit guarantee period from December 15, 2014 to December 13, 2019.

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

The defendant borrowed KRW 100,000,000 from D as security, but around April 19, 2018, a credit guarantee accident occurred due to overdue payment of principal.

C. On July 13, 2018, the Plaintiff subrogated to D for KRW 39,306,660 ( principal KRW 38,958,340) (interest of KRW 348,320). On the same day, the Plaintiff recovered KRW 262,90 from the Defendant and recovered the subrogated amount of KRW 39,043,670, and the subrogated amount of KRW 72.

The overdue interest rate determined by the Plaintiff pursuant to the instant credit guarantee agreement is 10% per annum from February 1, 2016 to the date of the closing of argument.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 39,043,742 (i.e., KRW 39,043,670, and KRW 72,000,000,000,000,000,0000,000 won for subrogation and KRW 39,043,670,000, the date of subrogation, which is the date of payment, to the Defendant special agent from July 13, 2018 to May 8, 2020, the agreed overdue interest rate of KRW 10,00,00,000 per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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