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(영문) 대구지방법원 2017.08.08 2016가단119462
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 671,722,854 and KRW 655,261,860 among them, from May 4, 2016.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 4 (including a branch number if there is no dispute between the parties), the plaintiff provided a credit guarantee for the Small and Medium Business Corporation's obligations for business conversion loans to the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") on June 26, 2014; according to the above credit guarantee agreement between the plaintiff and the defendant Co., Ltd.; according to the above credit guarantee agreement between the plaintiff and the defendant Co., Ltd., the defendant Co., Ltd., made an agreement to pay to the plaintiff the amount of the repayment, delayed damages, penalty, substitute payments, guarantee fees and fees set forth in the Credit Guarantee Fund Act; the defendant Co., Ltd.'s liability for the above indemnity against the plaintiff Co., Ltd.; the defendant Co., Ltd., Ltd., on July 8, 2015; the defendant Co., Ltd. did not pay the above indemnity amount of KRW 90,000,000; the defendant Co., Ltd.'s credit guarantee liability amount of KRW 26816,5.

According to the above facts, the defendants jointly and severally committed against the plaintiff 671,72,854 won (=65,261,860 won by subrogation) (i.e., 12,984,620 won by subrogation of KRW 488,210 by subrogation of KRW 488,210 by subrogation of KRW 12,60 by subrogation of KRW 12,984,620 by subrogation of KRW 12,60 by subrogation of KRW 655,261,860 by subrogation of the above amount, and (ii) the record that the original copy of the payment order was served on the defendant company from May 4, 2016 to July 9, 2016 is clearly recorded that the original copy of the payment order was served on the defendant company B by the day of delivery of the original copy of the payment order to the defendant company, and (iii) the interest rate of delay damages by the next day to the day of full payment of the payment.

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