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(영문) 대전지방법원 2020.11.04 2020가단117258
구상금
Text

1. The defendant shall pay to the plaintiff KRW 287,67,461 as well as KRW 282,576,413 as well as the annual period from April 20, 202 to May 10, 2020.

Reasons

1. Facts of recognition;

A. 1) An agricultural company C Co., Ltd. (hereinafter “Nonindicted Company”)

D) The Association (hereinafter referred to as the “Association”) shall:

(2) In order to obtain a loan of KRW 840,00,000 from the Plaintiff and the non-party company’s Daehan, the Defendant and E concluded a credit guarantee agreement on KRW 714,00,000 among the loan obligations against the Plaintiff and the non-party company’s DD, and the Defendant and E agreed to pay the guarantee fee, fine for negligence, penalty, etc. in accordance with the Plaintiff’s rate, calculation method, and collection period pursuant to the above credit guarantee agreement.

The rate of delay damages determined by the Plaintiff as of January 2, 2020 is 8% per annum.

B. On October 27, 2016, the Plaintiff issued to the non-party company a credit guarantee form of KRW 714,000,000 for the guaranteed amount pursuant to the said credit guarantee agreement. The non-party company submitted a credit guarantee form and received a loan of KRW 840,00,000 from the D Association.

C. Since then, the non-party company has been deprived of the benefit of time due to delay in the repayment of the loan obligation, and the plaintiff subrogated for KRW 282,576,413 at the request of the D Association on April 3, 2020.

The plaintiff's damages are 1,052,887 won (calculated up to April 19, 2020), attempted guarantee fees (including penalty for breach of contract and overdue charge) 4,048,161 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination and conclusion

A. According to the above facts, the defendant is entitled to pay 287,677,461 won to the plaintiff (=282,57,676,413 won, including an attempted guarantee fee of KRW 1,048,161), and 282,576,413 won from the date of the last calculation of damages for delay as to the subrogated amount of KRW 282,57,413 from April 20, 2020 to May 10, 2020, which is the delivery date of the original copy of the payment order of this case, 8% per annum of agreed delay damages rate, and from the following day to the date of full payment.

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