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(영문) 대구지방법원상주지원 2017.07.05 2017가단5562
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 86,404,58, out of KRW 255,404,308 and the said amount, from November 14, 2016 to the date of full payment.

Reasons

1. The fact that the Defendant’s judgment on the cause of the claim did not repay the money borrowed from the local agricultural cooperative under the Plaintiff’s credit guarantee, and the Plaintiff subrogated on June 30, 2003, and the Plaintiff’s claim for indemnity against the Defendant was KRW 255,404,308 as of November 13, 2016, the principal amount was KRW 86,404,587, and the agreed interest rate was 12% among the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as agreed upon by the Plaintiff from November 14, 2016 to the date of full payment, as to the principal amount of KRW 86,404,58 out of KRW 255,404,308 and the above amount of KRW 86,404,587.

2. The defendant's defense is alleged to have not been notified by the plaintiff during that period, and the defendant's argument is examined to the effect that the extinctive prescription of the claim for reimbursement has expired.

The plaintiff's application for the payment order of this case was made on November 14, 2016 after 10 years from the date of payment by subrogation was clearly recorded. However, considering the whole purport of the argument in the evidence No. 6, the plaintiff filed a lawsuit against the defendant for payment of the claim for reimbursement under the Daegu District Court's resident support 2006Kadan3072, Nov. 15, 2006, and it can be recognized that the above judgment became final and conclusive at that time. Accordingly, the above statute of limitations has been suspended. Accordingly, the defendant's above defense has no merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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