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(영문) 대구지방법원 2017.10.24 2017가단114518
구상금
Text

1. The plaintiff, Ga.

Defendant A and B are 7,184,354 won and they are 7,184,354 won within the scope of the property inherited from the network D.

Reasons

1. The facts of recognition

On December 11, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”) with the network D (hereinafter referred to as “the deceased”) with respect to the deceased’s obligations of loans to the Daegu Bank on December 10, 2009, with the guarantee term of KRW 18,700,000 (the amount shall be reduced to KRW 14,400,000 thereafter).

B. In addition, on April 10, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as to the obligation of loans to the Daegu Bank of the Defendant Company (hereinafter “Second Credit Guarantee Agreement”) on the basis of the guaranteed amount of KRW 95,00,000 (the amount shall be reduced to KRW 80,750,000 thereafter) and the guaranteed period of April 9, 2010 (up to March 31, 2017), and the Deceased jointly and severally guaranteed the Defendant Co., Ltd’s liability of indemnity against the Plaintiff under the second Credit Guarantee Agreement.

C. According to each of the above credit guarantee agreements between the Plaintiff, the Deceased, or the Defendant Company, when the Plaintiff performs the guaranteed obligation, the Deceased or the Defendant Company agreed to pay the Plaintiff the amount of subrogated payment, delay damages, penalty, substitute payment, guarantee fee, and fees prescribed in the Credit Guarantee Fund Act.

On February 6, 2017, the Deceased and the Defendant Company had a guarantee accident in arrears with the repayment of each of the above loans. Accordingly, on March 9, 2017, the Plaintiff subrogated 14,495,074 won to the Daegu Bank on behalf of the Daegu Bank in accordance with the first credit guarantee agreement, and then partially recovered the amount, the Plaintiff subrogated 81,265,915 won pursuant to the second credit guarantee agreement, which remains 81,202,645 won as a result of partial recovery.

E. The rate of damages for delay stipulated in each credit guarantee agreement of this case is 12% per annum until January 31, 2016 and 10% per annum thereafter.

F. 34 won of final damages under the first credit guarantee agreement as a result of collecting part of the amount of indemnity based on the above credit guarantee agreement.

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