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(영문) 광주지방법원 2018.06.22 2017나8490
구상금
Text

1. Of the judgment of the first instance court, as to KRW 26,776,178 against the Plaintiff and KRW 26,48,793 among the judgment and the judgment, August 1, 2017 against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the management institution that deals with the credit guarantee business of farmers and fishermen under the Credit Guarantee for Farmers and Fishermen Act.

B. On July 21, 2014, the Plaintiff and the Defendant entered into a credit guarantee agreement with the Plaintiff on KRW 30,000,000 (85% of the guarantee rate for KRW 30,000,000), and the Defendant borrowed KRW 30,00,000 from the C Cooperatives (hereinafter “C Cooperatives”) as collateral.

(hereinafter referred to as "the loans of this case"). (c)

The above credit guarantee contract includes an agreement stipulating that “in the event a subordinate obligation is guaranteed to a creditor, such as interest and expenses to be borne by the creditor, the defendant does not repay each of the above loans within the agreed time limit, or does not pay the interest, the defendant shall lose the benefit of time, and the principal and interest shall be paid in lump sum. In the event the plaintiff performed the guaranteed obligation to a financial institution dealing with the loan, it shall be paid damages according to the rate determined by the plaintiff for the amount of performance and performance, guarantee fees, administrative fines, and penalty according to the calculation method

On June 29, 2017, the Defendant lost the interest on the instant loan and the interest thereon, and on behalf of the Defendant, the Plaintiff repaid the amount of KRW 26,492,006 (principal: KRW 25,50,000, interest rate of KRW 706,60, interest rate of KRW 259,250, interest rate of KRW 259,250, additional interest: KRW 26,156) on behalf of the Defendant.

E. When the management institution has performed a guarantee obligation under Article 13-2 (Damages) of the Act on the Credit Guarantee for Farmers and Fishermen until July 31, 2017 (the amount calculated by the rate of 12% per annum from June 29, 2017 to July 31, 2017) and damages of KRW 26,48,793 (excluding the amount of voluntary repayment by the Defendant from the amount of repayment repaid on behalf of the Defendant) and damages of KRW 287,385 (the amount calculated by the rate of 12% per annum from June 29, 2017 to July 31, 2017), the Defendant shall pay damages to the Plaintiff within the extent not exceeding the annual rate of 20/10

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