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(영문) 대구지방법원 2016.03.29 2016가단101256

구상금

Text

1. The Defendant’s KRW 808,425,987 and KRW 806,362,058 among the Plaintiff’s KRW 806,362,058 shall be from December 17, 2014 to July 23, 2015.

Reasons

1. In light of the overall purport of the pleadings as to Gap evidence Nos. 1 through 4, the plaintiff entered into a credit guarantee agreement with the Busan Bank on November 30, 2009, up to November 28, 2014, with the guarantee term of 924,00,000,000 won, and with the guarantee term of 30,000 won, and entered into a credit guarantee agreement with the Busan Bank as the guarantor Busan Bank, and issued the guarantee certificate. The defendant provided joint and several surety guarantee obligations to the plaintiff under the above credit guarantee agreement; Eul borrowed money from the Busan Bank as security against the plaintiff on December 4, 2014; Eul was a credit guarantee accident which lost profits within a period of time on December 17, 2014; the plaintiff paid 929,249,31 won on behalf of Busan Bank on December 17, 2014; the repayment rate of 122,887,278,000 won on behalf of the plaintiff on behalf of the above 206,481 billion won.

2. According to the above facts, the Defendant, as a joint and several surety for the above indemnity liability against the Plaintiff, is obligated to pay 808,425,987 won to the Plaintiff (i.e., the remainder of 806,362,058 won of subrogated payment of KRW 40,241 won of substitute payment of KRW 1,248,888), and 806,362,058 of the remainder of subrogated payment of KRW 806,362,058 of the amount of subrogated payment, which is the date of subrogated by the Plaintiff, from December 17, 2014, to July 23, 2015, the rate of delay damages of contract between the date of delivery of the complaint in this case and July 23, 2015; 20% per annum from the following following day to September 30, 2015; and damages for delay calculated at each rate of 15% per annum (the statutory delay rate of damages under each Act on Special Cases Concerning the Scope of Lawsuit).

3. Meanwhile, the defendant is a joint and several surety of the above indemnity liability at the time.