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(영문) 광주지방법원목포지원 2015.04.21 2014가단10388
구상금
Text

1. As to KRW 79,963,254 and KRW 39,294,776 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 1, 2014 to October 10, 2014.

Reasons

1. Facts of recognition;

A. On July 12, 2001, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with B, at the time of receiving a loan of KRW 35.7 million from the Black Agricultural Cooperative (hereinafter “CF”), setting the guaranteed amount as KRW 35.7 million, and the guarantee period as five years from the date of the loan, and the Defendant jointly and severally guaranteed the Plaintiff’s credit guarantee obligation under the credit guarantee agreement with B.

B. According to the instant credit guarantee contract, where the Plaintiff performed the guaranteed obligation, B and the Defendant agreed to pay the amount of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of the performance thereof, and the rate of damages up to December 15, 2012 is 15% per annum and 12% per annum from December 16, 2012.

C. On June 29, 2007, the Plaintiff paid 39,294,776 won by subrogation (hereinafter “the Plaintiff’s claim arising from payment by subrogation”) in accordance with the credit guarantee of this case to Black Nonghyup Co., Ltd. on June 29, 2007 (hereinafter “the instant ex post facto reimbursement claim”). Accordingly, B and the Defendant’s obligation owed to the Plaintiff (hereinafter “the instant ex post payment obligation”).

The instant ex post facto indemnity claim is the sum of KRW 32,232,482 and KRW 12% per annum from June 29, 2007 to December 16, 2012, calculated by applying the rate of 15% per annum to KRW 39,294,76 in the amount of subrogated payment as of September 30, 2014; KRW 435,96 in the amount of KRW 435,96 in the amount calculated by applying the rate of 12% per annum from June 29, 2007 to December 16, 2012.

Total 79,963,254 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, as a joint and several surety of the credit guarantee of this case, shall have a copy of the complaint of this case from October 1, 2010, with the date of final interest calculation as to KRW 79,963,254, and the subrogated payment of KRW 39,294,776, as a joint and several surety of this case.

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