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(영문) 부산지방법원 2017.04.04 2017가단303157
구상금
Text

1. The Defendant’s KRW 24,836,587 and KRW 24,764,717 among the Plaintiff and the Plaintiff’s KRW 24,764,717 from October 24, 2016 to December 30, 2016.

Reasons

1. Facts of recognition;

A. On June 12, 2012, the Plaintiff entered into a credit guarantee agreement with regard to the repayment obligation of Defendant and Nonghyup Bank loans, setting the period of guarantee from June 12, 2012 to June 11, 2013 (the period of guarantee was extended from June 12, 2012 to June 10, 2016) as the credit guarantee principal amounting to KRW 30 million (which was reduced to KRW 24,292,516).

B. A credit guarantee accident occurred on July 4, 2016 due to the Defendant’s delinquency in the principal of the loan, and the Plaintiff subrogated for KRW 24,764,717 to the Nonghyup Bank on October 24, 2016.

C. At the time of entering into a credit guarantee contract, the Plaintiff and the Defendant paid a penalty for delay in the event of the performance of a credit guarantee obligation, and paid damages for delay in the amount of subrogated payment at the prescribed rate of the Plaintiff. The penalty for delay due to the performance of the above credit guarantee obligation is KRW 71,870, and the interest rate for delay in the Plaintiff’s prescribed rate is 10% per annum after February 1,

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 24,836,587 won (=24,764,717 won by subrogation) and 24,764,717 won by subrogation, which is the date of subrogation, 10% per annum from October 24, 2016 to December 30, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the date of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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