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(영문) 대구지방법원 2016.05.31 2016가단101249
구상금
Text

1. The Defendant’s KRW 388,689,138 among the Plaintiff and KRW 96,983,234 among the Plaintiff, shall be from October 14, 2014, and KRW 289,613,889.

Reasons

1. In full view of the arguments in the evidence Nos. 1 through 6, the Plaintiff provided a credit guarantee for each obligation of loans to the Nonghyup Bank and the new bank. According to a credit guarantee agreement between the Plaintiff and the Defendant, if the Plaintiff discharges the guaranteed obligation, the Defendant agreed to pay the Plaintiff the amount subrogated, the amount subrogated, the amount of damages for delay as prescribed by the Credit Guarantee Fund Act from the date of subrogated payment to the date of repayment of the indemnity obligation, the amount of damages for delay, penalty for subrogation, and the amount of subrogated payment. However, the credit guarantee accident of the Defendant, however, has occurred to the Nonghyup Bank on October 14, 2014, and the Plaintiff subrogated the amount of KRW 289,613,889 to the new bank on March 3, 2015, the amount of damages for delay under Article 35 of the Credit Guarantee Fund Act, the amount of damages for subrogation from December 1, 2012 to 12,727,508 won related to the above subrogated payment, 1301,431,5.

2. According to the above facts, the defendant is obligated to pay to the plaintiff 38,689,138 won (289,613,234 won by subrogation for the Nonghyup Bank 96,983,234 won by subrogation for the Nonghyup Bank), 72,580 won by subrogation for the Nonghyup Bank 96,983,234 won by subrogation for the Nonghyup Bank from October 14, 2014, which is the date of subrogation, to the plaintiff, 289,613,89 won by subrogation for the New Bank from March 13, 2015, to November 23, 2015, which is the date of delivery of a copy of the complaint of this case by November 23, 2015, the amount of delay damages by 12% per annum, which is the annual interest rate, and to pay damages for delay by 15% per annum from the day following the date of subrogation for the payment of each litigation.

3. If so, the claim of this case is justified and it is so decided as per Disposition.

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