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(영문) 대전지방법원 2017.12.20 2016가단214510
구상금 등
Text

1. As to KRW 43,940,539 and KRW 42,927,157 among the Plaintiff, Defendant A shall have a year from July 5, 2016 to July 20, 2016.

Reasons

On August 27, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A to secure its loan obligations with the Korea Agricultural Cooperative Federation (hereinafter referred to as the “Agricultural Cooperative”) with the amount of security deposit of KRW 85 million in order to secure its loan obligations.

According to the above credit guarantee agreement, where the Plaintiff repaid the principal and interest of loan, etc. on behalf of the Defendant A, Defendant A shall reimburse the Plaintiff for the amount of subrogated payment, damages agreed thereon, expenses incurred in performing the Plaintiff’s guaranteed obligation, expenses incurred in preserving, transferring and exercising claims, and the amount repaid after the date of subrogation is paid by the Plaintiff for delay in accordance with the interest rate determined by the Plaintiff. The interest rate determined by the Plaintiff is

Defendant A obtained a loan of KRW 100 million from agricultural cooperatives as security under the above credit guarantee agreement, and thereafter, the credit guarantee accident occurred on May 10, 2016 due to the overdue debts of loans.

On July 5, 2016, the Plaintiff subrogated for KRW 42,990,027 as a result of the performance of the guaranteed obligation under the above credit guarantee agreement, and recovered KRW 62,870 on the same day.

The plaintiff paid 1,013,365 won by subrogation, and 17 won by confirmation was incurred in relation to the collected amount.

[Grounds for Recognition]

B. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff the amount of indemnity KRW 43,940,539 [the remaining amount of subrogated payment = KRW 42,927,157 [the amount of subrogated payment - KRW 42,990,027 – KRW 62,870 in substitute payment 1,013,365 in substitute payment] and the remainder of subrogated payment 42,927,157, which is the date of subrogation, from July 5, 2016 to July 20, 2016, the delivery date of a copy of the complaint in this case, 10% per annum, which is the interest rate for delay, and damages for delay calculated at each rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment.

Defendant Incorporated Foundation.

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