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(영문) 대구지방법원안동지원 2017.11.01 2017가단21510
구상금
Text

1. As to KRW 251,622,021 and KRW 82,874,910 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 2, 2017 to May 12, 2017.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either there is no dispute between the parties or in Gap evidence Nos. 1 and 2 (including each number):

The Defendant entered into a credit guarantee agreement (hereinafter referred to as “each credit guarantee agreement of this case”) with the Plaintiff two times as follows in order to secure the repayment obligation of the funds to be borrowed in the future from the Ansan-dong and the Simsu-si Agricultural Cooperatives (hereinafter referred to as the “Yong-dong Agricultural Cooperatives”).

(a) The first credit guarantee agreement ① Credit guarantee and loan date: 1. 28, 2000; Presidential Decree No. 17835, Oct. 12, 2005>

B. Each credit guarantee agreement of this case includes ① the amount of subrogated payment and damages for delay determined by the Plaintiff from the date of subrogated to the date of full payment, ② guarantee fee, administrative fine, penalty, ③ payment of expenses incurred by the Plaintiff for the purpose of preserving or executing the claim for reimbursement.

The rate of damages for delay determined by the Plaintiff is 18% per annum until June 13, 2004, 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

C. The defendant delayed the repayment of the above principal and interest of loan and lost the benefit of time, and the plaintiff paid KRW 84,954,038 on December 31, 2002, according to each credit guarantee agreement of this case by subrogation of the defendant.

The remaining indemnity amount of the Plaintiff as of May 1, 2017 is KRW 251,622,021 in total and the balance of the subrogated principal is KRW 82,874,910 as follows:

1. The first credit guarantee agreement: 52,709,703 won in subrogation and delay damages, 105.

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