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(영문) 의정부지방법원 2017.01.19 2016가단117551
구상금
Text

1. The Defendant’s KRW 53,549,428 and KRW 22,766,087 among the above money and KRW 53,549,428 to the Plaintiff shall be from May 30, 2016 to June 29, 2016.

Reasons

1. Facts of recognition;

A. On July 5, 2001, the Defendant concluded a credit guarantee agreement between the Plaintiff and the Plaintiff on the above loan amounting to KRW 23,000,000,000, and the guarantee period from July 5, 2001 to July 5, 2006.

B. The Defendant caused a guarantee accident that did not pay the above loan to the Dog Agricultural Cooperative by the due date. On October 23, 2006, the Plaintiff paid the loan to the Dog Agricultural Cooperative in subrogation of the total amount of KRW 24,077,394, which was incurred until the due date due to the above guarantee accident.

C. On December 19, 2006, the Plaintiff filed an application with the Defendant for the payment order seeking reimbursement for subrogation under the above subrogation, and the above court rendered an order of payment from December 9, 2006 to the service date of this payment order, stating that “The Defendant shall pay to the Plaintiff 39,891,789 won and the above amount of KRW 39,113,705 won per annum from December 9, 2006 to the service date of this payment order, and from the following date of this payment order to the full payment date, 15% per annum from the service date of this payment order to the date of this payment order.”

The above decision was finalized on January 6, 2007. D.

As of May 29, 2016, the sum of principal and interest on the Plaintiff’s subrogation for the said loan owed to the Defendant is KRW 53,549,428 (principal KRW 22,76,087, delay damages KRW 30,783,341). The agreed delay damages rate is 12% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 8, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant calculated the Plaintiff as to KRW 53,549,428, and KRW 22,766,087, which is the principal of indemnity, from May 30, 2016 to June 29, 2016, which is the service date of the original copy of the instant payment order, with 12% per annum, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

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