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(영문) 대구지방법원안동지원 2016.11.09 2016가단22486
구상금
Text

1. As to KRW 163,110,098 and KRW 50,625,456 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 21, 2016 to July 20, 2016.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:

The Defendant entered into a credit guarantee agreement with the Plaintiff two times (hereinafter “each credit guarantee agreement of this case”) in order to secure the repayment obligation of the funds to be loaned from the Dong Agricultural Cooperative for a long time as follows:

In accordance with each credit guarantee agreement of this case, the Defendant borrowed a total of KRW 40 million from the Dong Agricultural Cooperative.

1) The first credit guarantee agreement (hereinafter “the first credit guarantee agreement”)

(1) Credit guarantee and loan date:

B. Each credit guarantee agreement of this case includes ① the amount of subrogated payment and damages for delay determined by the Plaintiff from the date of subrogated to the date of full payment, ② guarantee fee, administrative fine, penalty, ③ payment of expenses incurred by the Plaintiff for the purpose of preserving or executing the claim for reimbursement.

The rate of delay damages determined by the Plaintiff is 18% per annum until June 13, 2004, 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

C. The defendant delayed the repayment of the above principal and interest of interest, thereby losing the benefit of time, and the plaintiff is 50,625,456 won (24,953,029 + 25,672,427 won based on a credit guarantee agreement) in the Dong Agricultural Cooperative as of March 15, 201, in subrogation of the defendant.

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