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(영문) 광주지방법원 해남지원 2018.07.17 2017가단21852
구상금
Text

1. The Defendant’s annual interest in KRW 95,504,497 and KRW 93,218,826 among the Plaintiff, from August 25, 2017 to September 18, 2017.

Reasons

1. Facts of recognition;

A. On April 15, 2016, the Plaintiff entered into a credit guarantee agreement with the Agricultural Company B Co., Ltd. (hereinafter “B”) with a guarantee period of KRW 90,18 million, one year from the date of the guarantee period, and one million from the loan amount of KRW 18,00,000 (hereinafter “credit guarantee agreement”). At that time, the Defendant, as the representative director of B, jointly and severally guaranteed the Plaintiff’s indemnity obligation against B based on the instant credit guarantee agreement.

B. B, under the above Plaintiff’s credit guarantee, borrowed KRW 18 million from the Nonghyup Bank on April 15, 2016, but did not pay interest normally, thereby losing the benefit of time.

C. Accordingly, on June 28, 2017, the Plaintiff paid KRW 93,218,826 in subrogation of NongHyup Bank on the basis of the instant credit guarantee agreement (i.e., the principal amount of KRW 9,180,853 plus interest of KRW 558,90,00, KRW 79,073).

According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant, who is the principal debtor B and the joint guarantor, is obligated to pay to the plaintiff the amount the plaintiff performed the guaranteed obligation and the damages according to the rate set by the plaintiff from the date the guaranteed obligation was performed. The plaintiff set the rate of damages for indemnity from December 17, 2012 to 12% per annum.

E. The amount of claim for indemnity that the Plaintiff incurred as a result of the performance of the guaranteed obligation under the instant credit guarantee agreement is KRW 95,504,497 as of August 24, 2017 (i.e., principal KRW 93,218,826 for delay delay damages of principal KRW 1,77,542 for delay damages of principal KRW 93,218,826 for delay, KRW 452,798 for penalty).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, 8 and 12, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant shall jointly and severally with the Plaintiff, the primary debtor, and KRW 95,504,497, and KRW 93,218,826, as to the Plaintiff, the Defendant shall promote the lawsuit, etc. from August 25, 2017 to September 18, 2017, the agreed interest rate of 12%, which is the date of service of the original payment order, and the date of full payment from the following day.

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