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(영문) 대구지방법원김천지원 2019.05.15 2019가단30583
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 318,538,414 and KRW 149,372,87 among them. From December 22, 2010 to the Plaintiff.

Reasons

1. The following facts can be acknowledged, either in the absence of a dispute between the parties or in the entirety of the arguments in Gap evidence Nos. 1 to 8.

Defendant A Agricultural Partnership (hereinafter “Defendant A”) entered into a credit guarantee agreement between the Plaintiff on April 22, 2005 with the credit guarantee principal of KRW 255,00,000,000 and the guarantee term of April 21, 2006 (which was extended to April 20, 2007). Under the said credit guarantee agreement, KRW 300,000,000 have been loaned from the E organization under the said credit guarantee agreement, and the F, G, Defendant C, and B jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff in relation to the said credit guarantee agreement.

B. According to the above credit guarantee agreement, when the plaintiff fulfilled the guaranteed obligation, the defendant corporation paid the amount of the guaranteed obligation, damages for delay in accordance with the ratio set by the plaintiff from the date of the repayment of the guaranteed obligation to the date of the full payment of the guaranteed obligation, and legal procedure expenses incurred by the plaintiff in compensating for the rights acquired through the repayment of the guaranteed obligation to the plaintiff.

C. However, in order to cause a credit guarantee accident in which the Defendant corporation did not pay the above loan even though it was subject to the disposition of suspension of current account transactions on July 21, 2006, the Plaintiff paid the principal and interest of 261,325,256 won (principal principal of 255,000,325,256) to E organization on November 24, 2006 according to the credit guarantee agreement, and the Plaintiff paid the principal and interest of 261,325,256 won (principal principal of 255,000,325,256) by subrogation in relation to payment by subrogation and damages for delay until February 5, 2007.

Accordingly, the plaintiff filed a claim for reimbursement against the defendant corporation, defendant C, and others by filing a lawsuit with the Daegu District Court Kim 2007Gahap234, Jan. 30, 2009, and at the rate of KRW 272,494,037 jointly and severally, and KRW 261,325,256 among them, 17% per annum from February 6, 2007 to February 27, 2007, and 20% per annum from the next day to the day of full payment.

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