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(영문) 광주지방법원목포지원 2015.11.25 2015가단9255

구상금

Text

1. As to KRW 164,850,502 among the Plaintiff and KRW 83,770,165 among the Plaintiff, the Defendant shall be annually from June 24, 2015 to August 31, 2015.

Reasons

1. Basic facts

A. A. B obtained a loan from the Doi Black Branch (hereinafter “Doi Agricultural Cooperative”), and entered into a credit guarantee agreement with the Plaintiff (hereinafter “the instant credit guarantee agreement”), and the Defendant jointly and severally guaranteed the obligation to the Plaintiff under the said credit guarantee agreement with the Plaintiff.

The amount of guarantee loan guaranteed on the date when the guarantee period for the guaranteed amount expires as of February 5, 2002, 100,000 won on February 5, 2007, 100% 40,000,000 won on February 5, 2007, Doi Agricultural Cooperatives, Agricultural Cooperatives, Seoul, 200,000 won on December 32, 2004, 200 won on December 32, 20, 2004, five years, 90% on December 20, 200, 35,600,000 won on December 20, 209

B. However, as the Plaintiff did not repay the debt borrowed from the DoF, the DoF demanded the Plaintiff to discharge the guaranteed debt, and the Plaintiff paid the debt to the DoF by subrogation as follows.

Interest expenses added to principal and interest expenses on the date of subrogation, and interest on subrogation - 40,00,000 won 3,686,026 won - 34,034,519 won - 8,125,320 won - 40,165,320 won on July 11, 2008

C. As of June 24, 2015, the amount of claims for indemnity acquired by the Plaintiff by subrogation pursuant to the credit guarantee agreement of this case is as follows.

(The amount of partial recovery shall be appropriated to principal. The legal relationship stated in the table of 143,743,889 Won 42,339,289 Won 42,339,289 Won 15% per annum from July 11, 2008 to December 16, 2012: 12% per annum 12% per annum from December 17, 2012 to June 23, 2015 - 86,083, 178 Won 240,026, 276 Won 38,741,048 Won 38,048 won per annum 15% per annum 16,285% per annum 15,208 to be “637,75% per annum 37,785% per annum,” and in the order of 15% per annum 2,2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the reasoning of the judgment as to the cause of the claim, the Plaintiff is against the Docho National Agricultural Cooperative.