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(영문) 대구지방법원 안동지원 2017.02.17 2016가단3898

구상금

Text

1. The Plaintiff:

A. The Selection B shall pay full amounts of KRW 21,459,450 and KRW 8,606,061 among them from September 19, 2016.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of the statements in Gap evidence Nos. 1 to 8, Eul evidence No. 1, 2, 5, 6, and 7:

On March 19, 2014, F (hereinafter “the deceased”) concluded a credit guarantee agreement with the Plaintiff three times (hereinafter “each of the credit guarantee agreements in this case”) in order to secure the repayment obligation of the funds to be loaned from the stable agricultural cooperative in the future, as follows:

In accordance with each credit guarantee agreement of this case, the Defendant was loaned KRW 47 million in total from the stable agricultural cooperatives.

1) The first credit guarantee agreement (hereinafter “the first credit guarantee agreement”)

(1) Credit guarantee and loan date: (2) on June 28, 2001, the principal of credit guarantee (in full of loans): 14 million won; (3) The second credit guarantee term agreement (hereinafter referred to as the “second credit guarantee agreement”) on June 28, 2006 (hereinafter referred to as the “third credit guarantee agreement”) ① The date of credit guarantee and loan: December 22, 2001.

(1) Credit guarantee and loan date: on November 25, 2002. < Amended by Presidential Decree No. 17817, Nov. 25, 2002>

B. Each credit guarantee agreement of this case includes ① the amount of subrogation and damages for delay determined by the Plaintiff from the date of subrogation to the date of full payment, ② the guarantee fee, fine for negligence, penalty, ③ the Plaintiff’s obligation to pay the expenses incurred by the Plaintiff for the preservation or execution of the claim for reimbursement.

The rate of damages for delay determined by the Plaintiff is 18% per annum until June 13, 2004, 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

C. The Deceased is above.