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(영문) 대구지방법원 2017.06.27 2017가단113003
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30,517,374 and KRW 30,517,357 from July 5, 2016 to April 19, 2017.

Reasons

In full view of the purport of the arguments as indicated in the evidence evidence Nos. 1 through 5, the Plaintiff entered into an agreement with the Plaintiff on August 19, 2014 (hereinafter “Defendant Company”) on the guarantee amount of KRW 34,000,000 (which shall be reduced to KRW 30,400,000) and August 18, 2015 (which shall be thereafter extended to August 18, 2016). Under the above credit guarantee agreement between the Plaintiff and the Defendant Company, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on August 18, 2015. According to the above credit guarantee agreement between the Plaintiff and the Defendant Company, the Defendant Company agreed to pay the Plaintiff the amount of subrogated payment, delay damages, substitute payment, guarantee fee and fee set forth in the Credit Guarantee Fund Act, the amount of subrogated payment to the Plaintiff Company constituted a credit guarantee accident involving the Defendant Company’s debts, and the Plaintiff did not recover part of the amount of damages determined by subrogation from the No. 375371,575,75,71, etc.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 30,517,374 won (17 won for the amount of subrogated payment plus 30,517,357 won for the amount of subrogated payment plus 30,517,357 won for the amount of subrogated payment, which is the date of payment order, from July 5, 2016 to April 19, 2017, which is obvious in the record that the original copy of payment order was served on the defendants, 10% per annum for the agreed delay interest rate and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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