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(영문) 대구지방법원 안동지원 2018.11.21 2018가단21050
구상금
Text

1. As to KRW 35,012,453 and KRW 34,579,985 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 19, 2018 to March 2, 2018.

Reasons

Facts of recognition

The following facts are not disputed between the parties, or may be acknowledged in full view of the whole purport of the arguments in Gap evidence 1 to 6 (including each number; hereinafter the same shall apply):

B In order to secure the repayment obligation of the funds to be borrowed in the future from the Chuncheon Agricultural Cooperatives (hereinafter “Chuncheon Agricultural Cooperatives”), B entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the Plaintiff two times as follows. At the time of each of the credit guarantee agreements of this case, the Defendant jointly and severally guaranteed all the obligations, including indemnity obligations, to be borne by the Plaintiff according to each of the credit guarantee agreements of this case.

(1) The first credit guarantee agreement (1) The first credit guarantee agreement and the second credit guarantee agreement on April 20, 2007 (2) the principal of the credit guarantee: 28,800,000 won (32,00,000 won for loans) (32,000,000 won for loans): until April 20, 202) the second credit guarantee agreement. (1) The credit guarantee agreement on the second credit guarantee and the date of loans: October 1, 2007. (2) The credit guarantee principal: 16,20,000 won for loans (90% for loans).

B. Each credit guarantee agreement of this case includes: (a) where the Plaintiff pays the amount of the loan in lieu of the Plaintiff due to the failure of the Plaintiff to pay the amount of the loan in subrogation within the term of guarantee; (b) the amount of the subrogated and the amount of damages for delay determined by the Plaintiff from the date of the subrogation to the date of the full payment; (c) the guarantee fee, fine for negligence; and (c) the Plaintiff shall pay

Meanwhile, the rate of damages for delay determined by the Plaintiff is 18% per annum until June 13, 2004, 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

C. B was granted a loan of KRW 32,00,000 on April 20, 2007, and KRW 18,000,000 on October 1, 2007, with each credit guarantee letter issued under each credit guarantee agreement of this case as security, and thereafter.

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