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(영문) 대구지방법원 2017.04.05 2016가단117084
구상금
Text

1. As to KRW 172,068,244 and KRW 171,698,721 among the Plaintiff, Defendant A Co., Ltd., from December 23, 2015 to January 2016.

Reasons

1. Determination as to the Plaintiff’s claim for reimbursement against Defendant A corporation

A. 1) On April 17, 2009, the Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

) The Daegu Bank, Inc., Ltd. (hereinafter referred to as the “Tgu Bank”) shall be

(3) In obtaining a loan from the Defendant, the Defendant Company entered into a credit guarantee agreement with the Defendant Company (hereinafter “instant credit guarantee agreement”).

() As follows, a credit guarantee statement was issued to the Daegu Bank. D. Guarantee number: D amount guaranteed: the term of guarantee: 190,000,000 won (the change to KRW 170,000,000 thereafter): April 16, 2010 (the change to April 8, 2016 thereafter). Under the credit guarantee agreement above, when the Plaintiff performed the above guaranteed obligation, the Defendant Company paid to the Plaintiff all expenses, such as the amount subrogated by the Plaintiff, delayed payment and penalty under the agreement, and legal procedure expenses paid by the Plaintiff. Meanwhile, the amount of damages for the subrogated amount determined by the Plaintiff is 12% per annum from December 1, 2012 to January 31, 2016 to 10, 2016 to 10,000,000 won, and the Plaintiff lost its interest from the credit guarantee agreement within the period of 215, 2016 to 10, 2015.

3) Meanwhile, on December 23, 2015, the Plaintiff recovered KRW 797,360 from the Defendant Company and appropriated it to the principal. The amount of the Plaintiff’s indemnity against the Defendant Company is a total of KRW 172,068,244 [The amount of the Plaintiff’s indemnity against the Defendant Company: KRW 171,698,721 [i.e., the amount of subrogated payment = KRW 172,496,081 - the amount of subrogated payment - KRW 797,360] (hereinafter “instant indemnity claim”).

(ii) [Grounds for recognition] unsatisfy, entry in Gap evidence 1 to 8 (if there are tentative numbers, including branch numbers), the purport of the whole pleadings;

B. According to the facts of the above recognition, the defendant company's compensation amount to the plaintiff 172,068,244 won and the amount of subrogated payment to the plaintiff 171,698,721 won.

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