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(영문) 대구지방법원 포항지원 2017.02.14 2016가단105945
구상금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 44,315,627 and KRW 20,506,970 among them.

Reasons

1. Facts of recognition;

A. The plaintiff's status as the plaintiff is the management institution of the Fund for Farmers and Fishermen established with the Government's contributions, etc. in order to smoothly raise funds for agriculture and fisheries by guaranteeing the credit of farmers and fishermen, etc. who lack security solvency under the Act on the Credit Guarantee for Farmers and Fishermen, etc., and shall handle the operation of the Fund and other business concerning credit guarantee

B. 1) The Plaintiff’s credit guarantee agreement is a credit guarantee agreement under which the said Defendant guarantees the principal and interest of loans in receiving loans from the Defendant A, a farmer, as the management institution of the Agricultural and Fishery Credit Guarantee Fund for farmers and fishermen (hereinafter “instant credit guarantee agreement”).

A) At the time of the above credit guarantee agreement, where Defendant A’s payment of the principal and interest of the loan was made on behalf of the Plaintiff due to Defendant A’s failure to perform his obligation to repay the loan owed to Pyeongtaek Nonghyup, the above Defendant agreed to pay the principal and interest of the loan at an interest rate as determined by the Plaintiff, the guarantee fee determined by the Plaintiff, the fine for negligence, and the Plaintiff’s expenses paid to the Plaintiff for the purpose of preserving or executing the claim for reimbursement. On July 27, 2001, the obligee of the guarantee principal (total amount of the loan) guarantee term as of the date of the credit guarantee agreement as of July 27, 2001, KRW 11,60,000 on July 27, 2006, No. 700,000 on December 21, 2001, the agricultural cooperative, the spouse of Defendant A, under the credit guarantee agreement of this case, was jointly and severally guaranteed by the Plaintiff.

C. (1) Defendant A, based on the above credit guarantee, shall pay each of the above money (hereinafter referred to as “instant loan”).

(2) However, the occurrence of a credit guarantee accident by Defendant A’s delinquency in paying the principal and interest of loans.

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