logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원상주지원 2017.05.24 2017가단5029
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 42,472,507 out of KRW 103,523,509 and the said amount from November 29, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant borrowed KRW 15 million from a direct branch agricultural cooperative on October 12, 200, KRW 21 million on November 1, 2001, and KRW 15 million on December 2, 2002, and the Plaintiff guaranteed the above loan obligations.

B. When the Plaintiff subrogated for the Defendant’s obligation of loans, the rate of delay damages for the Defendant’s obligation of indemnity to be borne by the Defendant is 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from the following day.

C. The Plaintiff, on August 18, 2006, on the part of the Defendant’s failure to repay its loans, by subrogation of KRW 17,235,616,22,892,299,10,056,775,5,52,428.

Since then, the Daegu District Court Kimcheon- Branch B auction case of the defendant's real estate was prepared on February 16, 2007, and based on the distribution schedule finalized around that time, the plaintiff received dividends of KRW 14,334,938. The dividend was appropriated for the repayment of KRW 10,056,775 in subrogation and delayed payment of KRW 17,235,616 in subrogation and for the delayed payment of KRW 3,314,274 in subrogation, and as of November 28, 2016, the balance of the plaintiff's claim for indemnity against the defendant is KRW 42,472,507 in subrogation and KRW 61,051,02 in total,03,523,509 in total, including damages, fines for negligence, guarantee fees, and penalty.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as agreed upon by the Plaintiff as to KRW 103,523,509 of the principal and interest on the claim for indemnity as of November 28, 2016 and KRW 42,472,507 of the principal and interest on the said amount.

3. Judgment on the defendant's defense

A. The Plaintiff claimed not only received reimbursement but also completed the extinctive prescription of the claim for indemnity in the auction procedure of the real estate owned by the Defendant, and thus, the Plaintiff’s claim for indemnity expired.

B. As to the allegation that the first repayment of the judgment was extinguished, we examine the allegation earlier.

arrow