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(영문) 대구지방법원 2016.12.06 2016가단123973
구상금
Text

1. The Defendants are jointly and severally liable to pay KRW 79,928,952 and KRW 77,670,896 among them, 12% per annum from May 31, 2013 to January 31, 2016.

Reasons

In full view of the purport of the pleadings as a whole, the plaintiff did not dispute between the parties or comprehensively based on Gap evidence Nos. 1 through 8 (including a branch number), the plaintiff agreed to pay the amount of guarantee on November 13, 2006 to KRW 85 million, and the term of guarantee on November 13, 2007 (the subsequent change to November 8, 2013) to the foreign exchange bank of defendant A Co., Ltd. (hereinafter "Defendant Co., Ltd.") as credit guarantee for the obligations of loans to the foreign exchange bank. According to a credit guarantee agreement between the plaintiff and the defendant Co., Ltd., the plaintiff may not recover part of the amount of subrogation to the plaintiff, damages for delay, final damages, penalty, or substitute payment from the date of subrogation to the date of repayment of the liability for reimbursement. The plaintiff recovered part of the amount of subrogated damages to the plaintiff Co., Ltd., Ltd., 2013 to the date of reimbursement of damages to the defendant Co., Ltd., Ltd., 2017.

According to the above facts, the Defendants jointly and severally paid the amount of indemnity to the Plaintiff KRW 79,928,952 (i.e., the remainder of the subrogated amount of KRW 77,670,896 (amounting to KRW 1,767,842 by subrogation) and the remainder of the subrogated amount of KRW 77,670,896, whichever is later, 12% per annum from May 31, 2013 to January 31, 2016, which is the above subrogated date, and from the next day.

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