logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.04.23 2019가단11435
구상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 204,938,845 and KRW 58,959,644 from September 5, 2019 to the date of full payment.

Reasons

1.The following facts may be acknowledged in accordance with the purport of each entry in Gap 1 to 9 (including branch numbers), and the entire pleadings, unless there is a dispute between the parties, or in accordance with the purport of the whole arguments:

On January 16, 2004, the Plaintiff, a guarantor under a credit guarantee contract with the Defendant, made a payment by subrogation of KRW 26,41,081 (=23,200,00, interest of KRW 2,664,821, and expenses of KRW 546,260 (=23,200,000, KRW 2664,821, KRW 546,260) (hereinafter “the first payment by subrogation”) to C, the Plaintiff made a payment by subrogation of KRW 36,939,00, interest of KRW 4,525,786, KRW 310, KRW 310,950, KRW 310, KRW 939,000, KRW 410,000, KRW 425,786, KRW 950, KRW 310,00, KRW 405, KRW 275,5295, KRW 27536365,” (hereinafter)

B. On June 4, 2019, the Defendant paid KRW 10 million to the Plaintiff.

C. The plaintiff was above B.

As stated in the foregoing paragraph, 10 million won paid until June 4, 2016 was appropriated for 492,480 won by subrogation, 60,064 won by subrogation, 39,024 won by subrogation, guarantee fee by subrogation, 26,41,081 won by subrogation, and 3,408,432 won by subrogation, 60,064 won by subrogation, and 39,024 won by subrogation, 39,024 won by subrogation, and 41,775,736 won by subrogation, respectively.

The agreed interest rate for delay after June 4, 2019 for the amount of subrogation under a credit guarantee contract between the Plaintiff and the Defendant is 12%, and the agreed interest rate for delay accrued until September 4, 2019 is 56,82,937 won in the case of the first subrogation of the instant case, and 89,096,264 won in the case of the second subrogation of the instant case.

2. The fact that the Defendant did not raise any objection to the present date is significant in this court, since the fact that the judgment on the cause of the claim was made and the declaration of intent on the Plaintiff’s appropriation was made on November 28, 2019 that contained the above recognition and the declaration of intent on the Plaintiff’s appropriation was sent to the Defendant on the date of pleading on December 24, 2019, and that the Defendant stated on January 9, 2020 on the date of pleading on December 24, 2019, and that there was a substantial objection to the present date. As such, the Defendant: (a) [26,41,081 - 3,408,432 won] (41,75,736 won - 5,818.

arrow