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(영문) 광주지방법원목포지원 2015.05.26 2015가단1169

구상금

Text

1. The Plaintiff:

A. As to KRW 69,175,609 and KRW 36,100,276 among Defendant A, Defendant A shall have the effect on December 22, 2014 through January 16, 2015.

Reasons

1. Facts of recognition;

A. (1) The credit guarantee agreement between Defendant A and the Plaintiff on December 12, 2001 is a credit guarantee agreement between Defendant A and Defendant A on December 12, 2001 with a maturity of KRW 22,60,000, and five years with a maturity of credit guarantee (hereinafter “the first credit guarantee agreement”) in order to secure the payment of the principal and interest of loan in obtaining a loan from the agricultural branch of the Nam-do Livestock Industry.

(2) After the conclusion of the first credit guarantee agreement, Defendant A was provided with a credit guarantee agreement of KRW 10,790,000 between the Plaintiff and the Plaintiff on December 12, 2001, and Defendant A was provided with a credit guarantee agreement of KRW 10,790,000, and KRW 10,790,000 issued pursuant to the second credit guarantee agreement (hereinafter “the second credit guarantee agreement”) for the purpose of securing the repayment of the principal and interest of loan in obtaining a loan from Jindo Agricultural Cooperative. Defendant A was provided with a credit guarantee agreement of KRW 10,790,00 between the Plaintiff and the Plaintiff.

3) When concluding the first and second credit guarantee agreement, Defendant A agreed to pay the amount of subrogation and the amount of damages according to the interest rate determined by the Plaintiff from the date of subrogation to the Plaintiff when the Plaintiff performed the liability for guarantee. Defendant B jointly and severally guaranteed the Plaintiff’s liability pursuant to the first credit guarantee agreement of Defendant A.

B. The Plaintiff’s subrogation 1) Defendant A did not repay the obligations of the first and second loans. 2) On July 31, 2007, Defendant A subrogated for KRW 11,317,674 for the principal and interest of the second loans to the vibration Nonghyup.

As of December 22, 2014, ① 9,144,060 won calculated at the annual interest rate of 15% from July 31, 2007 to December 16, 2012, and 2,734,846 won per annum from the following day to December 21, 2014; ② penalty of 33,95 won; ③ administrative fine of 43 won; ④ penalty of 495 won; and ④ attempted guarantee fee of 59 won.

3. On December 19, 2008, the Plaintiff’s principal and interest amounted to KRW 24,782,602 at the Agricultural Cooperatives of the Republic of Korea.