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(영문) 대전지방법원 2016.11.03 2016가단215797

구상금

Text

1. The defendant shall pay to the plaintiff KRW 143,808,880 as well as KRW 141,00,000 among them, from December 9, 2002 to July 7, 2006.

Reasons

The defendant entered into a credit guarantee agreement (hereinafter referred to as the "credit guarantee agreement of this case") on November 23, 2001 with the plaintiff and the guaranteed principal of KRW 141 million, the guarantee period from November 23, 2001 to August 23, 2002. Under the credit guarantee agreement of this case, where the plaintiff pays the defendant's loan by subrogation, the defendant shall pay the plaintiff the amount of subrogated, the agreed delay damages, and the amount of subrogated payment (the expenses required for the exercise of the claim). The defendant was granted a loan of KRW 141 million from the National Agricultural Cooperative Federation on November 30, 201 under the credit guarantee of this case, but the defendant lost its interest within the period from August 24, 2002, the plaintiff did not claim for reimbursement of KRW 140 million to the National Agricultural Cooperative Federation on December 9, 2002, and the judgment of Daejeon District Court on KRW 206,506,506,506.

According to the above facts, since the plaintiff has the interest in filing the lawsuit of this case for the interruption of the extinctive prescription of the claim under the above judgment, the defendant is 143,808,880 won (=2,246,820 won by subrogation) and 141,00,000 won by subrogation from December 9, 2002 to July 7, 2006 and 20% per annum from the next day to the day of complete payment.