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(영문) 광주지방법원 2020.07.10 2019가단518587

구상금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 118,068,539 and KRW 59,804,38 from March 11, 2009 to the day of full payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In fact, the Plaintiff entered into a credit guarantee agreement with the Defendant on November 24, 199 with a credit guarantee amount of KRW 2,60,000 (hereinafter “credit guarantee agreement”); a credit guarantee agreement on December 30, 199 with a guarantee amount of KRW 8,000,000 (hereinafter “credit guarantee agreement”); a credit guarantee agreement on December 28, 200 with a guarantee amount of KRW 50,000 (hereinafter “third credit guarantee agreement”); a credit guarantee agreement on May 30, 200 with a guarantee amount of KRW 7,00,000,000 (hereinafter “credit guarantee agreement”); and a credit guarantee agreement on February 23, 2002 with a credit guarantee amount of KRW 40,00 (hereinafter “credit guarantee agreement”); and a credit guarantee agreement on May 30, 200 through each of the credit guarantee agreements (hereinafter “credit guarantee agreement”); and each of the credit guarantee agreements was concluded (hereinafter “each of the aforementioned agreements”).

The Defendant received each loan from E Union's branch office at the time of repayment based on the credit guarantee agreement in accordance with the credit guarantee agreement in 1 to 4, but failed to repay each of the above loans on November 15, 2002. The Plaintiff subrogated 4,912,333 won to E Union on November 15, 2002, 3,41,378 won under the credit guarantee agreement in accordance with the second credit guarantee agreement, 45,209,07 won under the third credit guarantee agreement, and 7,706,387 won under the third credit guarantee agreement, and 45,707 won by subrogation in accordance with the fourth credit guarantee agreement. < Amended by Act No. 7306, May 14, 2004>

Since then, the plaintiff filed an application with the defendant for a payment order for the amount of indemnity under each credit guarantee agreement of this case with the Gwangju District Court Naju District Court 2009Ka697. On April 15, 2009, the plaintiff issued a payment order with the purport that "the defendant shall pay to the plaintiff 118,068,539 won and 59,804,38 won with the interest of 15% per annum from March 11, 2009 to the date of full payment," and the above payment order shall be paid to the defendant on April 16, 2009.