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(영문) 대구지방법원 2017.08.22 2017가단113775
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 298,853,387 as well as KRW 298,853,127 as from January 18, 2017 to April 28, 2017.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 8 (including the branch number if the plaintiff has a separate number), the plaintiff agreed to pay the amount of guarantee on July 23, 2013 to KRW 297,50,000, and the term of guarantee on July 22, 2014 (which shall be extended to July 21, 2017) as credit guarantee for the loans to the Daegu Bank of defendant A (hereinafter "the defendant company"), according to a credit guarantee agreement between the plaintiff and the defendant company, if the plaintiff performs the guaranteed obligation, the defendant company shall pay the amount of subrogation to the plaintiff, the amount of compensation for delay, final damages, penalty, and substitute payment from the date of subrogation to the date of repayment of the obligation for reimbursement. The defendant Eul recovered part of the amount of guarantee damages to the plaintiff of the defendant company and the amount of subrogated payment to the plaintiff of the defendant company under Article 34 of the Korea Technology Finance Corporation Act from the date of subrogation to the date of repayment of the obligation for reimbursement.

According to the above facts, the defendants jointly and severally agreed to the plaintiff 298,853,387 won in total (298,853,127 won in total and 298,853,127 won in total) and damages for delay calculated at the rate of 10% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is established from January 18, 2017, to April 28, 2017, the date when the original copy of the payment order was served last on the defendants.

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