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(영문) 대구지방법원 2016.05.31 2015가단48297

구상금

Text

1. The defendant shall pay to the plaintiff KRW 54,180,062 within the scope of the property inherited from the deceased B and KRW 20,100,080 among them.

Reasons

1. According to the credit guarantee agreement with the deceased B (hereinafter referred to as the "the deceased"), the plaintiff issued each credit guarantee certificate to the Sung-gun Branch of the National Agricultural Cooperative Federation, the Jinjin Agricultural Cooperative, and the Elderly Livestock Cooperatives. Under each credit guarantee agreement, the deceased agreed to pay damages for delay, penalty, fine for negligence, and guarantee fee determined by the plaintiff to the plaintiff from the date of payment of the subrogated amount and the payment thereof to the date of full payment. The deceased borrowed each credit guarantee certificate as security, and the credit guarantee accident occurred after the deceased borrowed 15,717,585 won from each of the above associations. On June 8, 2006, the plaintiff did not appear at 201,315,760 won to the Jinjin National Agricultural Cooperative on December 28, 2006, 300, 303,300, 300, 305, 196, 205, 2018, 305, 207, 20015, 306, 15,207, respectively.

2. According to the above facts of recognition, the Defendant: (a) KRW 54,180,062, within the scope of property inherited from the Deceased (i.e., penalty of KRW 6,897, such as the balance of subrogated payment of KRW 20,100,080) and KRW 20,100,080, which the remainder of subrogated payment is claimed by the Plaintiff, from October 20, 2015 to January 27, 2016, the delivery date of a copy of the complaint of this case, 12% per annum, which is the rate of delay damages, and from the following day to the date of full payment.