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(영문) 대구지방법원 2017.12.19 2017가단26161
구상금
Text

1. The Defendant’s KRW 314,162,725 and KRW 84,701,617 among the Plaintiff’s KRW 12% per annum from June 29, 2017 to July 17, 2017.

Reasons

1. On September 2, 1995, the Plaintiff issued Llim Agricultural Cooperative a credit guarantee agreement with B pursuant to the credit guarantee agreement with B, and upon the Plaintiff’s performance of the guaranteed obligation under the above credit guarantee agreement, B agreed to pay the Plaintiff damages for delay based on the rate of damages determined by the Plaintiff from the subrogation payment and the payment date thereof to the date of full payment, and legal procedure expenses incurred by the Plaintiff for the performance of the guaranteed obligation and the preservation of the obligation. The Defendant jointly and severally guaranteed the obligation of indemnity against B pursuant to the above credit guarantee agreement. The credit guarantee accident occurred after B borrowed the above credit guarantee agreement from the above agricultural cooperative as security. The Plaintiff subrogated to the above agricultural cooperative on December 20, 200, and the Plaintiff did not appear to have claimed damages for delay with the payment order as of June 28, 2017, the Plaintiff sought reimbursement of KRW 84,701, 617, 14, 14, 8129, 294 and 25% of the total amount of damages for joint and several surety payment.

2. According to the above facts, the Defendant, as a joint and several surety, shall pay to the Plaintiff the amount of KRW 314,162,725 (i.e., the amount of subrogated payment KRW 84,701,617, KRW 14,814, KRW 229,46,294, and the amount of subrogated payment of KRW 84,701,617, which the Plaintiff claimed from June 29, 2017 to the date when the original copy of the instant payment order was served on the Defendant from June 17, 2017, which is obvious in the record that it is the date when the original copy of the instant payment order was served on the Defendant, 12% per annum, which is the interest rate for delay, and damages for delay calculated at the respective rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion,

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