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(영문) 전주지방법원 2017.01.25 2016가단19178
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 28, 199, the Plaintiff entered into a credit guarantee agreement with the Defendant, setting the guarantee amount of KRW 30 million, the guarantee period from September 28, 1999 to September 28, 2014, and issued each credit guarantee agreement to the Defendant, setting the guarantee period of KRW 30 million on November 29, 199, the guarantee period of KRW 30 million from November 29, 199, and the period from November 29, 200 to November 29, 200, respectively.

B. The Defendant obtained a loan from NFF under the above credit guarantee agreement, but failed to repay the principal and interest of each loan, thereby losing the benefit of time. On December 18, 2002, the Plaintiff subrogated to NFFC for KRW 33,363,986 upon the credit guarantee agreement made on September 28, 199 (principal interest of KRW 30 million) and KRW 30,550,684 (principal interest of KRW 30 million and KRW 550,684) under the credit guarantee agreement made on November 29, 199.

C. As of June 7, 2016, the balance of the subrogated payment is KRW 64,187,670, and KRW 125,077,946 was incurred as damages. The guarantee fee is KRW 14,647, and administrative fine is KRW 19,743.

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

2. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 64,187,670 won in the amount of subrogated payment to the above NFFFC, damages of 125,07,946 won in the amount of 14,647 won in the amount of fines for negligence of 19,743 won in the aggregate of 189,30,006 won in the amount of 189,30,006 won in the amount of subrogated payment, and damages for delay calculated by 12% in the amount of 64,187,670 won in the amount of subrogated payment from June 8, 2016 to June 13, 2016 (the date on which the original copy of the payment order in this case is served) and damages for delay calculated by 15% in the amount of 15% per annum from the following day

3. The defendant's defense is defense that the plaintiff's claim for compensation has expired by prescription.

On December 18, 2002, the plaintiff subrogated to the defendant's obligation to pay a loan to NFFC, and according to the statement of Gap evidence No. 4, the plaintiff at the time of the above credit guarantee agreement.

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