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(영문) 대구지방법원 2016.11.22 2016가단103818

구상금

Text

1. The Defendant: (a) KRW 92,023,979 within the scope of the property inherited from the deceased B; and (b) February 2016.

Reasons

On February 10, 2010, pursuant to a credit guarantee agreement with the deceased B (hereinafter “the deceased”), the Plaintiff issued a credit guarantee statement to the National Bank as of February 9, 201, the guaranteed amount of KRW 95 million, and the guaranteed period of KRW 95 million (which shall be extended to February 5, 2016). The above credit guarantee agreement provides that when the Plaintiff performed a guaranteed obligation, the deceased shall pay the Plaintiff the amount of subrogation and the damages for delay at the rate of damages determined by the Plaintiff from the payment date to the full payment date. The credit guarantee accident occurred after the deceased borrowed the above credit guarantee certificate from the National Bank as collateral to the National Bank, and the Plaintiff paid the amount of KRW 92,023,979 on behalf of the creditor bank, or the compensation rate for damages for the indemnity owed by the deceased on behalf of the deceased on February 5, 2016 to the Daegu Family Court as of KRW 130,015,000,000 per annum 135,015, respectively.

According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 10% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of delivery of a copy of the purport of claim and statement of cause correction as of February 5, 2016 to October 31, 2016, which is the date of subrogation, within the scope of the property inherited by the deceased as the heir of the deceased's property, and the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is within the scope of the property inherited by the deceased. Thus, the plaintiff's claim shall be accepted with merit.