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(영문) 대구지방법원안동지원 2016.10.05 2016가단22219
구상금
Text

1. The Defendant’s annual interest in KRW 181,684,292 and KRW 72,279,824 among the Plaintiff, from May 24, 2016 to June 29, 2016.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:

B entered into a credit guarantee agreement with the Plaintiff two times (hereinafter “each of the credit guarantee agreements of this case”) in order to secure the repayment obligation of the funds to be loaned from the Si-dong Agricultural Cooperative in the future. Under each of the credit guarantee agreements of this case, the Defendant jointly and severally guaranteed all the obligations to be borne by B to the Plaintiff.

B was loaned KRW 70 million in total from Andong Agricultural Cooperative in accordance with each credit guarantee agreement of the instant case.

1) The first credit guarantee agreement (hereinafter “the first credit guarantee agreement”)

(1) Credit guarantee and loan date: (1) Credit guarantee and loan date: (2) Credit guarantee principal: 50,000,000 won (in full of loans) (3) Credit guarantee term: March 22, 2009; Presidential Decree No. 21354, Oct. 28, 2008>

B. Each credit guarantee agreement of this case contains the following: (a) where the Plaintiff pays the amount of the loan by subrogation in lieu of the Plaintiff due to the Plaintiff’s failure to pay the amount of the loan by the due date; (b) the guarantee fee determined by the Plaintiff; (c) the penalty; and (d) the payment of expenses incurred by the Plaintiff for the purpose of preserving or executing the claim for indemnity: (a) the amount of subrogation by subrogation and damages for delay in accordance with the rate

C. B delayed the payment of the above principal and interest of loans to lose the benefit of time, and the Plaintiff paid the total of KRW 72,279,824 ( KRW 51,281,302 under the first credit guarantee agreement + KRW 20,998,522 based on the second credit guarantee agreement) to Ansan Agricultural Cooperative on August 22, 2005, and the Plaintiff as of May 23, 2016.

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