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(영문) 대전지방법원 2017.10.19 2016가단219287
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On June 28, 191, the Plaintiff, a credit guarantee management agency under Article 5 of the Act on the Credit Guarantee for Farmers and Fishermen, concluded a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with respect to loans owed by Defendant A and the National Federation of Fisheries Cooperatives (hereinafter “AF”) to Defendant A and the National Federation of Fisheries Cooperatives (hereinafter “AF”) to guarantee the said agreement.

In the credit guarantee agreement of this case, when the Plaintiff subrogated for the obligation of loans of Defendant A, the Defendant A determined to pay the amount of subrogation and the damages for delay, etc. to the Plaintiff.

On the other hand, Defendant A guaranteed the obligation under the credit guarantee agreement of this case against the Plaintiff around that time.

B. On June 29, 191, the Suhyup Bank extended a loan of KRW 20 million to Defendant A on June 28, 1992 under the Plaintiff’s credit guarantee, and Defendant B guaranteed the above loan obligation against Defendant A’s Suhyup on the same day.

However, Defendant A did not pay interest on the above loan obligation at that time and lost the benefit of the time.

C. On September 28, 1998, the Suhyup requested the Plaintiff to pay the guaranteed debt under the credit guarantee agreement of this case, and the Plaintiff subrogated for the Plaintiff to pay the total of KRW 22,521,939 (= Principal KRW 20,000,000, KRW 2000, KRW 739, KRW 519,200).

On June 10, 2016, Defendant B, as joint and several liability obligations for indemnity under the instant credit guarantee agreement, had a total of KRW 84,581,492 as of July 28, 2016 (=22,521,939,553) as of July 28, 2016, requested reduction of and exemption from liability with the content that, upon recognizing that Defendant B bears a total of KRW 84,581,492 (i.e., subrogated amount of KRW 22,521,939,553).

E. Accordingly, on June 10, 2016, the Plaintiff and Defendant B paid KRW 7,507,313 to the Plaintiff in installments over a period of 60 months from July 28, 2016 to July 28, 2021 (Provided, That the first payment is KRW 1,907,977,977).

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