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(영문) 전주지방법원남원지원 2016.09.07 2016가단10682
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendant is the North Korean Agricultural Cooperatives (hereinafter “North Korean Agricultural Cooperatives”).

() From August 4, 1994, KRW 10,00,000 was provided with each loan at an interest rate of KRW 12% per annum and KRW 17% per annum on February 11, 1995. The Plaintiff entered into a credit guarantee agreement with the Defendant on all of the above loan obligations, and issued each credit guarantee certificate to the Defendant, and the Defendant submitted each of the above credit guarantee certificates to the North Korean Agricultural Cooperatives. 2) As the Defendant did not fully repay each of the above loan obligations, the Plaintiff paid to the North Korean Agricultural Cooperatives (i.e., KRW 13,685, KRW 890 on August 4, 1994, KRW 14,142,327 on February 11, 1995).

3) Meanwhile, at the time of concluding each credit guarantee agreement, the Plaintiff and the Defendant agreed to reimburse all damages and expenses after the date of subrogation as prescribed by the Plaintiff. Accordingly, the rate of delay damages determined by the Plaintiff is 25% per annum from November 9, 1998 to June 20, 199, 20% per annum from June 21, 199 to July 25, 199, 18% per annum from July 26, 199 to June 13, 199, 18% per annum from July 26, 199 to June 13, 2004, 18% per annum, 15% per annum from June 14, 204 to December 16, 2012, 13 to KRW 12% per annum from December 17, 2012, 206 to KRW 37588,57,7985,784,57,297, etc.

each entry, the purport of the whole pleading

B. According to the above facts of recognition, unless there are special circumstances, the defendant is obliged to pay to the plaintiff the indemnity amount of KRW 103,860,057 for subrogation and delay damages for KRW 27,828,217 for the plaintiff.

2. Judgment on the defendant's defense

A. The plaintiff's claim for reimbursement against the gist of the defense in this case.

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