beta
(영문) 대구지방법원포항지원 2016.04.26 2015가단305618

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 62,986,655 as well as KRW 28,245,310 among them, from October 26, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 27, 2002, the Plaintiff entered into a credit guarantee agreement between B and B on February 26, 2007 (hereinafter “the credit guarantee agreement of this case”) with the guarantor B and the guarantee period of B until February 26, 2007, with a view to securing B’s loan obligations against the Plaintiff’s Gne agricultural cooperative. The Defendant jointly and severally guaranteed all the obligations owed to B to the Plaintiff under the credit guarantee agreement of this case.

B. According to the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation under the agreement, B is required to pay the Plaintiff damages according to the rate set by the Plaintiff from the date the Plaintiff performed the guaranteed obligation amount and the amount of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, and to pay the guarantee fee, administrative fine, and penalty as determined by the Plaintiff.

C. B was granted a credit guarantee certificate issued by the Plaintiff under the instant credit guarantee agreement from the Plaintiff as security, but the loan amounting to 25,000,000 won was forfeited due to delinquency in payment of interest, etc., and the Plaintiff paid 28,245,310 won on February 15, 2007 to the Gneinju Agricultural Cooperative in accordance with the instant credit guarantee agreement.

The damages incurred until October 25, 2015 after the payment by subrogation was made shall be 34,432,966 won, administrative fines shall be 158,380 won, guarantee fees shall be 149,99 won, and the rate of damages for delay determined by the Plaintiff shall be 12% per annum.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is a joint and several surety for the Plaintiff, and the Defendant is a joint and several surety at the rate of 12% per annum, which is the agreed rate of damages, from October 26, 2015 to the date of full payment, as requested by the Plaintiff, for KRW 158,380,380, which is the amount of damages of KRW 28,245,310, the amount of subrogated payment of KRW 34,432,966, the amount of KRW 158,380, and the amount of subrogated payment of KRW 28,245,310.