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(영문) 대구지방법원 2017.12.19 2017가단127613
구상금
Text

1. The Defendant’s KRW 83,365,764 and KRW 83,197,164 among the Plaintiff’s KRW 10% per annum from June 26, 2017 to September 28, 2017.

Reasons

In light of the purport of each argument in the evidence evidence Nos. 1 through 4, the Plaintiff did not dispute between the parties or comprehensively takes into account: ① the amount of guarantee on May 11, 2009; ② the period of guarantee on May 10, 2010; ② the amount of guarantee on May 10, 2015; ② the period of guarantee on May 10, 2015; and ② the period of guarantee on March 7, 2016; according to each credit guarantee agreement between the Plaintiff and the Defendant, the Plaintiff provided each credit guarantee for the Defendant’s loans to the Daegu Bank; according to the above credit guarantee agreement between the Plaintiff and the Defendant, the Defendant was subrogated to the Plaintiff; the delay damages, penalty, substitute payments, guarantee fees, and fees set forth in the Credit Guarantee Fund Act; the Plaintiff agreed to pay the Plaintiff the amount of credit guarantee paid by the Plaintiff on behalf of the Plaintiff at least 83,197, and the amount of penalty paid by the Plaintiff on behalf of the Plaintiff at least 15% of the total amount of the credit guarantee deposit.

According to the above facts, the defendant is obligated to pay to the plaintiff 83,365,764 won (=83,197,164 won by subrogation and penalty of KRW 127,150 by subrogation and/or KRW 41,450 by subrogation) and the above subrogated amount of KRW 83,197,164, whichever is the date when the original copy of the payment order was served to the defendant from June 26, 2017 to September 28, 2017, which is obvious in the record that it is the date when the original copy of the payment order was served to the defendant, 10% per annum, which is the interest rate for delay under the above contract, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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