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(영문) 광주지방법원 해남지원 2018.05.15 2018가단200065
구상금
Text

1. As to KRW 39,125,792 and KRW 14,741,796 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 2, 2017 to May 15, 2018.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff entered into a credit guarantee agreement with the Defendant as shown in the attached Table, and issued a credit guarantee certificate to the Defendant, and the Defendant borrowed money from the financial institution under such credit guarantee as listed in the attached Table. 2) The Defendant lost the benefit of time due to the Defendant’s failure to pay the principal and interest of the borrowed money from the financial institution on the agreed date, and the Plaintiff extinguished the Defendant’s obligation of borrowing money by subrogation to the financial institution as listed in the attached Table

3) The Plaintiff filed a payment order against the Defendant regarding the claim for reimbursement as set forth in the attached Table 1 through 8 with this Court No. 2004 tea232, Feb. 14, 2004. The above payment order became final and conclusive on Mar. 4, 2004. 4) The Plaintiff filed a payment order against the Defendant regarding the claim for reimbursement reimbursement set forth in attached Table 9 through 11 with this Court No. 2005 tea1547, Oct. 7, 2005. The above payment order became final and conclusive on Oct. 27, 2005.

5) The balance of the principal and interest of each claim for reimbursement as of November 1, 2017 is as specified in the attached Table.

B. According to the above facts of recognition, the Defendant, barring any special circumstance, is obligated to pay to the Plaintiff the sum of the principal and interest of each right to indemnity listed in the No. 1 through No. 11 attached Table 574,954,128, and delay damages for the amount of KRW 179,887,671 in subrogation.

2. On February 14, 2004, the Plaintiff applied for a payment order with respect to the right to demand reimbursement as stipulated in the Nos. 1 through 8 annexed Table, which was issued on February 14, 2004, and the payment order was issued on March 4, 2004, and applied for a payment order as stipulated in the annexed Table 9 through 11, and the payment order became final and conclusive on October 7, 2005, upon receiving a payment order on October 27, 2005.

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