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(영문) 대구지방법원안동지원 2016.11.09 2016가단22493
구상금
Text

1. The Defendant’s annual interest in KRW 91,774,907 and KRW 40,182,087 among the Plaintiff, from July 19, 2016 to August 2, 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 8.

The Defendant entered into a credit guarantee agreement with the Plaintiff two times (hereinafter “each credit guarantee agreement of this case”) as follows in order to secure the repayment obligation of the funds to be loaned from the next new agricultural cooperatives.

The Defendant was granted a loan of KRW 34.9 million in total from a new U.S. 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: (2) Credit guarantee principal: 20,4930,000 won (the full amount of loans) (3) Credit guarantee term: May 15, 2006; Act No. 792, May 2, 2006; Act No. 7860, Dec. 5, 2001; Act No. 7875, Dec. 4, 2006>

B. Each credit guarantee agreement of this case includes ① the amount of subrogated payment and damages for delay determined by the Plaintiff from the date of subrogated to the date of full payment, ② guarantee fee, administrative fine, penalty, ③ payment of expenses incurred by the Plaintiff for the purpose of preserving or executing the claim for reimbursement.

The rate of delay damages determined by the Plaintiff is 18% per annum until June 13, 2004, 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

C. The defendant delayed the repayment of the above principal and interest of loans and lost the benefit of time, and the plaintiff, by subrogation of the defendant, lost the benefit of time on June 26, 2007, the total of 41,322,646 won = (29,285,48 won under the first credit guarantee agreement + 12,037,158 won under the second credit guarantee agreement).

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