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(영문) 대구지방법원안동지원 2016.06.29 2016가단20442

구상금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 63,269,353 and KRW 30,610,041 from November 27, 2015 to the day of full payment.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 9:

The plaintiff entered into a credit guarantee agreement with the defendant and the defendant on two occasions to guarantee the principal and interest of loans for the defendant and the defendant's Sung Dong-dong Agricultural Cooperatives, the major issue is

Details are as follows:

(1) On December 26, 2001, the credit guarantee agreement referred to in paragraph (1) of this case (hereinafter referred to as the "credit guarantee agreement of this case"), and the credit guarantee agreement of Section 1 of this case (hereinafter referred to as the "credit guarantee agreement of this case") and the date of credit guarantee and loan: The credit guarantee agreement of Section 2 of this case (hereinafter referred to as the "credit guarantee agreement of this case"): The credit guarantee principal of the credit guarantee on December 26, 2001: the credit guarantee term of KRW 2,5850,00 (total amount of loans): December 26, 2006: the credit guarantee principal of the credit guarantee on December 20, 204: 4.5 million won credit guarantee term: B. December 20, 2009

At the time of each credit guarantee agreement, the Plaintiff and the Defendant agreed to pay to the Plaintiff the amount of subrogated payment, ② damages for delay determined by the Plaintiff from the date of repayment to the date of full payment with respect to the amount of subrogated payment, ③ guarantee fees, administrative fines, penalty, and ④ expenses incurred by the Plaintiff for the purpose of preserving or executing the claim for reimbursement. The rate of damages for delay determined by the Plaintiff is 18% per annum from June 13, 2004 to December 16, 2012, 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

C. The Defendant forfeited the interest of the principal and interest of each of the credit guarantee agreements of this case due to the delinquency of payment, and the Plaintiff subrogated to Seongdong-dong Agricultural Cooperatives for KRW 28,317,816 on May 14, 2008, and KRW 5,387,396 on June 30, 2008 pursuant to the Credit Guarantee Agreement for the First Credit Guarantee.

As of November 26, 2015, ① the sum of the amount of reimbursement based on the first credit guarantee agreement of this case = KRW 58,032,403 based on the aggregate of the amount of reimbursement under the first credit guarantee agreement of this case = the amount of reimbursement by subrogation 28,317.