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(영문) 창원지방법원 2016.11.30 2016가단113439
구상금
Text

1. The Defendant’s KRW 21,704,662 and KRW 18,941,964 among them shall be 17% per annum from January 25, 2010 to December 31, 2010.

Reasons

1. Basic facts

A. On May 2, 2007, the Plaintiff entered into a credit guarantee agreement between B and B, which guarantees KRW 25,500,000, out of KRW 30,000,00, to receive a loan from the National Agricultural Cooperative Federation (hereinafter “CF”). In this case, the Defendant jointly and severally guaranteed the Plaintiff’s future indemnity obligation against B.

B. B obtained a loan of KRW 30,000,000 from the Nonghyup on May 3, 2007. In this case, the Defendant jointly and severally guaranteed B’s loan obligations with the maximum guarantee amount of KRW 5,400,000 to the Nonghyup.

C. Around September 9, 2009, B did not pay the principal and interest of the loan, such as filing an application to commence individual rehabilitation procedures with the Busan District Court 2009Da42889, the Plaintiff paid the principal and interest of the loan to Nonghyup on January 25, 2010, totaling KRW 25,50,000 and interest KRW 786,426 among the principal and interest of the loan.

The amount of debt, such as the amount of indemnity to be borne by the defendant as a joint and several surety upon the plaintiff's subrogation is 18,941,964 won calculated by subtracting the partial repayment of 7,344,462 won from the subrogated payment of 26,286,42 won, and 21,704,662 won from the fixed delay damages of partial repayment of 2,762,698 won, and the agreed delay damages rate for the amount of indemnity is 17% per annum until December 31, 2010, 15% per annum from January 1, 201 to July 31, 2013, and 12% per annum from August 1, 2013 to July 31, 2013.

[Reasons for Recognition] No dispute, Gap 1 through 8-2, 11, and the purport of the whole pleadings

2. With respect to the determination of this safety defense in the lawsuit of this case against the defendant, who is a joint and several surety under the credit guarantee agreement, who is the joint and several surety under the credit guarantee agreement (hereinafter “the claim of this case”), the defendant asserted that the defendant exempted the plaintiff from the liability, such as indemnity, upon receiving a decision to grant immunity in the individual rehabilitation procedure according to the defendant’s application.

On September 9, 2009, the plaintiff filed an application for commencing individual rehabilitation procedures with the Busan District Court 2009Da42872, and was granted immunity from the same court on December 9, 2014, and the decision of immunity becomes final and conclusive around that time.

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