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(영문) 대전지방법원 2017.08.17 2016가단204056

구상금 등

Text

1. As to KRW 13,695,730 and KRW 13,643,30 among the Plaintiff, Defendant A’s year from January 2, 2015 to March 7, 2016.

Reasons

Basic Facts

A. On June 12, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, with the credit guarantee principal of KRW 7,600,00,000, and with the credit guarantee term of June 12, 2018 (hereinafter “instant credit guarantee agreement”); ② on June 20, 2013, the credit guarantee agreement stipulated on June 20, 2018 as the credit guarantee principal of KRW 10,735,00, and the credit guarantee term of KRW 2,000 (hereinafter “instant credit guarantee agreement”).

B. On June 12, 2013, Defendant A loaned KRW 8,000,000 to the Plaintiff’s guarantee under the Plaintiff’s first credit guarantee agreement (hereinafter “instant first loan”). On June 20, 2013, Defendant A borrowed KRW 11,30,000 under the Plaintiff’s guarantee under the Plaintiff’s second credit guarantee agreement (hereinafter “instant second loan”).

C. Since August 13, 2014, Defendant A lost the benefit of time due to the principal and interest of the instant loan No. 1, and Defendant A lost the benefit of time due to the delay of the principal and interest of the instant loan No. 2 on August 21, 2014.

On October 16, 2014, the Mine Agricultural Co., Ltd notified the Plaintiff of the occurrence of each credit guarantee accident as to Defendant A. On January 2, 2015, the Plaintiff paid the Plaintiff the total amount of KRW 6,081,351 of the principal and interest of the first loan, and KRW 8,689,888 of the principal and interest of the second loan, respectively.

E. Since then, the Plaintiff recovered part of the above amount of subrogation, and at the present, the Plaintiff’s claim for indemnity against Defendant A under the Credit Guarantee Agreement (i.e., the amount of subrogation under the Credit Guarantee Agreement of 1,586,541 won for the fixed delay damages of KRW 24,698 (27,723 won for the fixed delay damages of the amount of subrogation under the Credit Guarantee Agreement of 24,698), and the agreed delay rate of the amount of indemnity claim under each of the above credit guarantee agreements is 12% per annum.

[Reasons for Recognition]

(a) Against Defendant A: Confession (Article 150(3) and (1) of the Civil Procedure Act);

B. Defendant B: without dispute, Gap et al.