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(영문) 인천지방법원 2016.09.21 2016가단210664
구상금
Text

1. The Defendant’s annual interest in KRW 151,301,973 and KRW 138,012,947 among the Plaintiff, from March 17, 2016 to April 7, 2016.

Reasons

1. Basic facts

A. On March 26, 2014, the non-party B farming association (hereinafter “non-party B farming association”) entered into a credit guarantee agreement with the Plaintiff as indicated in the following table. In the event that the Plaintiff performs the guaranteed obligation, the non-party B farming association (hereinafter “non-party B farming association”) entered into a credit guarantee agreement with the Plaintiff: ① the Plaintiff’s payment of the amount subrogated by the Plaintiff and the interest rate for delay from the date of subrogation to the date of full payment; ② the principal obligation is not performed within the due date; ② the penalty calculated by multiplying the outstanding loan within the due date by the fixed rate (including fines for negligence); ③ the Plaintiff’s payment of the expenses incurred in the legal procedure for the exercise of the indemnity claim (provisional payment) by the Plaintiff’s performance of the guaranteed obligation; and, upon obtaining a credit guarantee certificate from the Plaintiff, the loan was granted from the

The details of the guaranteed amount of indemnity shall be 136,00,000 won, 2015-06-30,012,947 won 11,842,645 won, 5,216 won, 608,461 won, 832,704 won, 151,301,973 won: 17,000 won, 2015-06-30,000 won, such as penalty for non-payment of the balance of subrogated payment on the date of subrogation: 51,301,973 won: the base date;

The defendant, as the representative of the non-party corporation, guaranteed the above credit guarantee agreement.

After that, there was an accident of guarantee including overdue loans of the non-party corporation, and the plaintiff subrogated 138,012,947 won of the principal and interest as stated in the above table for the performance of the guaranteed obligation under the credit guarantee agreement.

[Ground for Recognition: Facts without a partial dispute, entry in Gap 1 through 7]

2. According to the facts of the determination as to the cause of the claim, the defendant as a joint and several surety, with regard to the amount of KRW 151,301,973 in total and the amount of subrogated amount of KRW 138,012,947 in total as well as the amount of KRW 138,012,947 in subrogation, the above basic date, from March 17, 2016 to April 7, 2016, the delivery date of a copy of the complaint of this case, and the promotion of the lawsuit from the following day to the date of full payment.

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