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(영문) 전주지방법원 정읍지원 2017.01.12 2015가단4564

구상금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 60,728,489 and the amount of KRW 60,488,348 from October 5, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. As indicated in the table below, the Plaintiff guaranteed the Defendant’s obligation of loans from financial institutions and accordingly repaid the principal and interest of the loans to the relevant financial institution on behalf of the Defendant, and the amount agreed to be paid by the Defendant to the Plaintiff according to the guarantee contract between the Plaintiff and the Defendant as of October 4, 2015 is as listed below.

Serial 16, 208. 16. 4, 204, 20. 14, 20. 4, 20. 20, 30, 3230, 3230, 301, 792 20, 36. 4, 208, 30, 206. 30, 208, 206. 4, 208, 30, 206. 4, 20, 208, 30, 206. 4, 20, 205, 204, 30, 208, 206. 3, 205, 208, 30, 204, 206. 3, 748, 748, 13, 540, 540, 361, 3638, 2019

B. The percentage of damages for delay designated by the Plaintiff based on the guarantee agreement between the Plaintiff and the Defendant is 12% per annum since December 17, 2012.

[Grounds for recognition] Each entry of Gap evidence 1-9 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 60,728,489 won in total, as agreed to be paid by the defendant on the basis of the amount of subrogation and the guarantee agreement between the plaintiff and the plaintiff, and to pay damages for delay calculated at the rate of 12% per annum, which is 60,48,348 won in subrogation.

B. The Defendant asserts to the effect that the Plaintiff’s claim should be dismissed, as the procedure is in progress by filing an individual rehabilitation application with the Jeonju District Court No. 2015da28859.

However, the individual rehabilitation procedure against the defendant is in progress.