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(영문) 대구지방법원 2016.11.08 2016가단28320
구상금
Text

1. The Defendant’s KRW 54,141,126 and KRW 22,696,410 among the Plaintiff’s KRW 12% per annum from July 14, 2016 to August 5, 2016.

Reasons

1. The Plaintiff issued a credit guarantee agreement with the Defendant on December 31, 2001 pursuant to the credit guarantee agreement with the Defendant. Under the credit guarantee agreement with the Plaintiff, the Defendant agreed to pay to the Plaintiff delay damages, guarantee fees, fines for negligence, and legal procedural expenses incurred by the Plaintiff for the performance and preservation of the guaranteed obligation from the date of the payment of the amount of subrogation and the amount of damages determined by the Plaintiff until the date of the full payment. The Defendant borrowed the above credit guarantee agreement as security to the said agricultural cooperative, and then the credit guarantee accident occurred. The Plaintiff subrogated the said agricultural cooperative to KRW 22,696,410 on August 29, 2006. As of March 11, 2016, the Plaintiff paid the above amount of 101,560 won, 666,6222 won, 617, 417, 2017, 209, 17, 2017, 15 per annum and 25 per annum.

2. According to the above facts, the defendant is obligated to pay to the plaintiff 54,141,126 won (=22,69,410 won for payment by subrogation of KRW 101,56,560 for three-dimensional expenses of KRW 66,622 for guarantee fees of KRW 67,417 for KRW 67,417 for payment by subrogation of KRW 31,209,117) and among them, 22,696,410 for payment by subrogation of KRW 22,69,410 for the plaintiff from July 14, 2016 to August 5, 2016, which is obvious in the record that the original copy of the payment order was served on the defendant from July 14, 2016 to August 5, 2016; thus, the defendant is obligated to pay damages for delay calculated at each rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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