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(영문) 광주지방법원해남지원 2015.10.06 2014가단21134

구상금

Text

1. The defendant shall not exceed 225,651,877 won within the scope of the property inherited from the deceased B, and 91,187 among them.

Reasons

1. Facts of recognition;

A. The U.S. Agricultural Cooperative Co., Ltd. (hereinafter “FFFF”) lent money to B as listed in the following table:

Upon entering into each of the above lending contracts, the Plaintiff and B guaranteed the Plaintiff’s obligation to borrow the loan to the UFC, and B concluded each credit guarantee agreement with the purport that the Plaintiff shall pay the guarantee fee, administrative fine, and penalty as determined by the Plaintiff, and shall pay the amount of subrogation, expenses incidental thereto, and damages therefrom (hereinafter “instant guarantee agreement”), and the Plaintiff issued each credit guarantee agreement to the UFC.

"16,050,000 on February 17, 2004, 310 on November 28, 2001 28, 2001, the amount of subrogated payment on the date of concluding the contract by subrogation as of January 6, 2001, "18,438, 3183 December 25, 2001 89,250,000 on December 25, 200, 200,940,92940,92929 on November 29, 200

B. B delayed the performance of the obligation under the above loan agreement, thereby losing the benefit of time, and the CFF demanded the Plaintiff to pay the guaranteed obligation.

The plaintiff subrogated to the obligations of the NAF for the Agricultural Cooperative as listed below.

C. As of October 19, 2014, the amount of delay damages, etc. to be paid to the Plaintiff under the instant guarantee agreement is as indicated below.

The remainder of the subrogated payment (wons) 147,104,310 73,624,624,796 120,729,106 216,727,1218,261,891 34,989,012327,327,52142,57,238238 69,93,759 in total 91,187,952134,463,9252525,651,8777

D. Under the credit guarantee agreement of this case, the rate of damages for delay applicable to the above indemnity obligation is 12% per annum as of the date of closing argument of this case.

E. Meanwhile, B died on May 30, 2008, and the remaining inheritors other than the Defendant renounced inheritance.

[Ground of recognition] Facts without dispute, each of Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings

2. The above-mentioned facts concerning the cause of the claim.