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(영문) 광주지방법원 2017.08.11 2016가합1238
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 456,903,306 and KRW 390,447,327 from May 4, 2016 to May 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the management institution which manages the fund established for the purpose of contributing to the balanced development of the economy in agricultural and fishing villages by ensuring the credit of farmers and fishermen, etc. who lack security capability under the Act on the Credit Guarantee for Farmers and Fishermen, Etc. and by smoothly preparing the funds needed for the agriculture and fisheries business, and other business concerning the credit guarantee

Defendant B is a farmer or fisherman as defined in the Act on the Credit Guarantee for Farmers and Fishermen, and Defendant A is an employee of Defendant B.

B. On March 31, 2014, Defendant B entered into a credit guarantee agreement with the Plaintiff, a deposit of KRW 405,000,000, and the guarantee period from March 31, 2014 to March 31, 2015 (hereinafter “the instant credit guarantee agreement”), and issued a credit guarantee certificate from the Plaintiff. On the same day, Defendant B borrowed KRW 450,000,000 from the said guarantee agreement.

C. Since then, as a credit guarantee accident occurred due to Defendant B’s failure to pay the loan interest, etc., the Plaintiff repaid KRW 411,154,135 on December 31, 2014 as principal and interest, etc. to the Yang Man-Sy Cooperation in subrogation of Defendant B.

Accordingly, the Plaintiff’s claim for indemnity is KRW 390,447,327 as of May 4, 2016; KRW 64,918,089; and KRW 1,537,890 in total, 456,903,306 in total.

C. On November 25, 2015, the Plaintiff and the Defendants, at the Plaintiff’s office, approved the entire debt owed by Defendant B to the Plaintiff as it is, and agreed to accept the pertinent debt with the discharge of liability without maintaining the identity of the said debt (hereinafter “instant debt acquisition agreement”), and jointly and severally agreed by Defendant B.

(A) [Evidence A] / [Grounds for Recognition] ; entry in the Evidence A1 through 10, 12 through 16 (including each number); Defendant B’s personal examination result; the purport of the entire pleadings

2. The assertion and judgment

(a)the cause of the claim;

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