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(영문) 대구지방법원 2017.02.14 2016가단132625

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 438,886,860 and KRW 437,495,440 among the Defendants and the Defendants for KRW 437,49,440 from October 4, 2016 to November 21, 2016.

Reasons

In full view of the facts stated in Gap evidence Nos. 1 through 3 (including a branch number if there is no dispute between the parties) and the whole purport of pleadings, the plaintiff provided a credit guarantee for the obligation to pay corporate ordinary working loans to a national bank of the defendant A Co., Ltd. (hereinafter "the defendant company") on July 29, 2016, setting the term of guarantee as the amount of guarantee on July 31, 2013; according to a credit guarantee agreement between the plaintiff and the defendant company, the defendant company agreed to pay the plaintiff the amount of the repayment by subrogation, the amount of the credit guarantee fund prescribed in the credit guarantee fund Act from the date of subrogation, the amount of compensation by subrogation, the amount of compensation by subrogation, the amount of penalty by subrogation, and the amount of payment by subrogation from the date of repayment of the liability for indemnity; however, the defendant company guaranteed the above liability to the plaintiff on May 27, 2016; the amount of the credit guarantee accident caused by delay in payment of the above loan by the defendant company on July 29, 2016.

According to the above facts, the defendant is obligated to pay to the plaintiff 438,886,860 won (=437,495,440 won by subrogation) and damages for delay calculated at the rate of 10% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from October 4, 2016 to November 21, 2016, the date when the original copy of the payment order in this case was served on the defendants from October 4, 2016 to the date when the original copy of the payment order in this case was served on the defendants. Thus, the plaintiff's claims against the defendants are with merit, and it is so decided as per Disposition with the assent of all.