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(영문) 대구지방법원 2017.08.08 2017가단114488
구상금
Text

1. The Defendants jointly and severally agreed with the Plaintiff as to KRW 83,682,016 and KRW 83,681,96 among them, from April 14, 2017 to May 2, 2017.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 6, the plaintiff did not dispute between the parties, or comprehensively taking into account the purport of the whole pleadings, the plaintiff agreed to pay the amount of 93,50,000 won guaranteed on June 20, 2012 (the amount of 82,40,000 won has been reduced thereafter), general loan of loan subjects, term of guarantee extended on June 19, 2013 (which shall be extended to June 16, 2017) to guarantee the obligation of loans to the defendant's national bank. According to the above credit guarantee agreement between the plaintiff and the defendant A, if the plaintiff discharges the guaranteed obligation, the defendant Eul paid the amount of principal subrogated to the plaintiff, delay damages, substitute payment, guarantee fee and fee set forth in the Credit Guarantee Fund Act, the defendant Eul recovered part of the amount of the above credit guarantee deposit to the plaintiff's 15,000 won, and the defendant Eul recovered part of the amount of damages paid to the plaintiff's National Credit Guarantee Fund, which was 1681686,684.

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 83,682,016 (i.e., the remainder of the subrogated amount of KRW 83,681,96) and the amount of the subrogated amount of KRW 83,681,96, whichever is the date of subrogation, 10% per annum from April 14, 2017 to May 2, 2017, which is apparent in the record that the original copy of the payment order was served on the Defendants, and damages for delay calculated at the rate of KRW 15% per annum from the following day to the date of full payment. Thus, the Plaintiff’s claims against the Defendants are with merit.

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