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(영문) 대구지방법원 2016.08.16 2016가단113860
구상금
Text

1. As to KRW 499,290,254 and KRW 495,648,176 among the Plaintiff, the Defendant shall pay a year from July 3, 2015 to January 31, 2016.

Reasons

1. Where there is no dispute between the parties, or when comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 6 and Eul evidence Nos. 2 (including the number of branch numbers), the plaintiff provided credit guarantee for loan obligations to Korean banks by B Co., Ltd. (hereinafter "B Co., Ltd."). According to a credit guarantee agreement between the plaintiff and the non-party company, where the plaintiff performs the guaranteed obligations, the non-party company entered into an agreement to pay the plaintiff the amount of subrogated repayment, the amount of compensation by subrogation, the amount of compensation by subrogation, the amount of compensation by subrogation, the amount of compensation by subrogation, the penalty by subrogation, and the amount of subrogated payment by subrogation from the date of subrogated payment to the date of repayment of the guaranteed obligation. The defendant jointly and severally guaranteed the non-party company's liability for indemnity. However, the non-party company's credit guarantee accident occurred on April 27, 2015, which the plaintiff paid the above loan amount by subrogation of 495,648,176 won on July 3, 2015.

2. According to the above facts, the defendant, as a joint and several surety, has the obligation to pay the plaintiff 49,290,254 won (i.e., 495,648,176 won by subrogation and 685,540 won by subrogation and 2,956,538 won by subrogation and 495,648,176 won by subrogation and 12% per annum from July 3, 2015 to January 31, 2016, which is the date of subrogation, the agreed interest rate for delay, and 10% per annum from the following day to May 10, 2016, which is apparent in the record that the original copy of the payment order was served on the defendant, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. As to this, the defendant is the non-party company of the defendant to D, etc. on February 12, 2015.

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