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(영문) 전주지방법원정읍지원 2016.11.17 2015가단4281

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 112,823,904 as well as KRW 50,980,801 among them, from September 2, 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 September 1, 2015 is as listed below.

The amount of damages for delay (won) 20.3 on the 20th 1st 8th 1st 20, 30.3rd 20, 208, 30.44, 12, 946, 264, 30.36, 208, 207. 20, 208, 30, 207. 20, 208, 30, 30, 40, 40, 40, 40, 40, 400, 40, 200, 40, 200, 30, 40, 50, 40, 200, 10, 50, 30, 50, 196, 30, 50, 10, 305, 194, 105, 37, 106, 194

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 1-8 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of damages, guarantee fees, penalty, and fine for negligence agreed to be paid by the Defendant on the basis of the guarantee agreement between the Plaintiff and the Plaintiff based on the amount of subrogated payment and the amount of damages for delay calculated by the ratio of 12% per annum, which is the rate of delay damages in subrogation, to 50,980,801.

3. Accordingly, the plaintiff's claim is accepted on the grounds of the conclusion.