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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
In fact, the defendant was granted loans from the North Korean Agricultural Cooperative (hereinafter referred to as the "North Korean Agricultural Cooperative"), on August 4, 1994, at the interest rate of KRW 12% per annum and KRW 17% per annum on February 11, 1995. The plaintiff entered into a credit guarantee agreement with the defendant on all of the above loans, and issued each credit guarantee agreement to the defendant, and the defendant submitted each credit guarantee agreement to the North Korean Agricultural Cooperative.
As the Defendant did not fully repay each of the above loans, the Plaintiff paid the loan amount of KRW 13,685,890 on August 4, 1994 by subrogation to the North Korean Agricultural Cooperatives (=the principal and interest amount of KRW 14,142,327 on February 11, 1995).
Meanwhile, at the time of concluding each credit guarantee agreement, the Plaintiff and the Defendant agreed to pay guarantee fees, administrative fines, and penalty as determined by the Plaintiff, and when the Plaintiff subrogated for the Defendant’s obligations, the Defendant, in addition to the amount of subrogated payment, agreed to pay damages and expenses incurred after the repayment
Accordingly, the rate of delay damages determined by the Plaintiff is 25% per annum from November 9, 1998 to June 20, 1999; 20% per annum from June 21, 199 to July 25, 199; 18% per annum from July 26, 199 to June 13, 2004; 15% per annum from June 14, 2004 to December 16, 2012; and 12% per annum from December 17, 2012; and as of April 6, 2016, the Plaintiff’s claim for indemnity is 103,860,07 won per annum; 2057,789, 2987, 1985 won per annum from July 26, 199; 2005 won per annum; and
[Ground of recognition] The plaintiff's claim of this case is related to the loan case of the Jeonju District Court 98j264, Namwon Branch Court 98j264, which has already become final and conclusive, as to the plaintiff's claim of this case concerning the plaintiff's claim of this case as to the plaintiff's claim of this case as to Gap's 1 through 5