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(영문) 청주지방법원 2015.10.29 2015가단12604
구상금
Text

1. As to KRW 83,606,828 and KRW 28,321,571 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 19, 2015 to October 29, 2015.

Reasons

1. In determining the cause of the claim, the Plaintiff guaranteed the Defendant’s obligation to repay the principal and interest of loans to the Youngdong Agricultural Cooperative (hereinafter “Ydong Agricultural Cooperative”) within the limit of KRW 50 million when it extended a loan to the Defendant on January 22, 1999.

As the Defendant did not pay the loan to Young-dong Agricultural Cooperative, the Plaintiff subrogated 28,321,571 won to Young-dong Agricultural Cooperative on May 17, 2002.

(A) If the Plaintiff and the Defendant subrogated the principal and interest of the Defendant under the aforementioned credit guarantee agreement, the Defendant agreed to pay damages according to the rate set by the Plaintiff to the Plaintiff. The rate is 18% per annum from the date of subrogation until June 13, 2004, 15% per annum from the next day until December 16, 2012, and 12% per annum from the next day.

(A) According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28,321,571 per annum from May 17, 2002 to June 13, 2004 with 10,600,802 won per annum from May 17, 2002 to June 13, 2004, with 36,174,017 won per annum from June 14, 2004 to December 16, 2012, with 15% per annum from the date following December 17, 2012 to June 18, 2015 to 83,606,828,321,57,710,710,381, 207, 2015, 36, 15, 2015, 205, 16, 2017, 37, 2017, 15.7

2. On the judgment of the defendant's defense, the defendant raised a defense that the plaintiff's claim for indemnity had expired five years after the date of payment by subrogation.

First of all, the term of extinctive prescription of the claim for indemnity is given to the public health, commercial activities, which is for profit-making activities as stipulated in the subparagraphs of Article 46 of the Commercial Act or for the merchant's business.

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