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(영문) 대구지방법원서부지원 2015.10.07 2014가단19442
구상금
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 89,542,365, and KRW 87,016,885, among the Plaintiff, from March 18, 2014 to August 18, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff shall enter into a credit guarantee agreement with Defendant B and A with the following terms and conditions (hereinafter “each guarantee agreement of this case”).

The Plaintiff entered into a contract. The Plaintiff changed the amount of KRW 47,500,000 (the amount shall be changed to KRW 42,500,000 after this change to KRW 42,500,000) in the guarantee amount of KRW 50,000 (the amount shall be changed to KRW 42,50,000) in the guarantee amount of KRW 47,50,000 (the amount shall be changed to KRW 42,50,000 after this change to KRW 42,50,00) on November 27, 2008 and November 26, 2009 (the period shall be changed to November 27, 2008; November 26, 2013; November 26, 2013; and Article 314 of the National Bank Agreement, a joint and several surety agreement, as a joint and several surety, to KRW 37,14,201) on November 26, 2009.

3) According to each guarantee agreement of this case, when the Plaintiff performed the above guaranteed obligation, Defendant A and B paid to the Plaintiff all expenses, such as the amount subrogated by the Plaintiff, delay damages and penalty in proportion to the rate determined by the Plaintiff, and the legal procedure expenses paid by the Plaintiff. The rate of delay damages determined by the Plaintiff from the date of subrogation to the date of subrogation is 12% per annum. 4) The amount to be paid by Defendant B and A to the Plaintiff is 89,542,365 won per annum (i.e., the amount to be paid by the Plaintiff (i., the amount to be paid by subrogation of the first agreement of KRW 43,377,059 (i) the amount to be paid by subrogation of the first agreement of KRW 187,460 (ii) the amount to be paid by subrogation of the second agreement of KRW 43,639,826 (i) the amount to be paid by subrogation of the second agreement of KRW 254,410 (ii) the amount to be paid by subrogation of penalty for delay of KRW 237,3737,39,26369

B. Defendant A’s disposal disposition of each real estate listed in the separate sheet (hereinafter “real estate Nos. 1 through 5”) as indicated in the separate sheet is the real estate No. 4 and the HJ 195 square meters and buildings on the ground.

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