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(영문) 대구지방법원 2017.05.30 2017가단305
구상금
Text

1. The defendant shall not exceed 175,287,228 won and among them 71,319.

Reasons

1. The amount guaranteed by the repayment period of the loans extended by the temporary lending institution on December 11, 2001, which was December 11, 2006, the repayment period of the loans extended by the temporary lending institution was 6,000,000,000 Seo-gu Agricultural Cooperative Savings Bank's low-interest substitute funds on December 11, 2006.

The Plaintiff entered into each credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”) with the deceased B (hereinafter “the deceased”), as described in the table Nos. 1 and 2 below, and the Deceased provided a credit guarantee agreement issued through each of the above agreements to the Seobu Agricultural Cooperative, and entered into a credit guarantee agreement with C as described in the table No. 3, and C received a loan as security from the National Forestry Cooperatives Federation.

B. The Deceased jointly and severally guaranteed C’s indemnity liability against the Plaintiff according to the credit guarantee agreement set forth in No. 3 of the above table.

C. After the occurrence of a guarantee accident where the deceased and C delayed repayment of each of the above loans, the plaintiff paid each of the above loans to the Seog Agricultural Cooperative on June 29, 2007, as shown in the table Nos. 1 and 2 as shown in the table No. 3, on May 24, 2005, to the National Forestry Cooperatives Federation of Korea on May 24, 2005.

Serial 15,480,983 4,192,349 5,151,05 9,343,404 215,021,955,021,021,955,9539,736 246,050 34,882,376 376 352,162,303,52,303,52,52,52,303,105,268,268,956,180 131,061,448 total 72,665,241,71,719,5729,736,5036,5037,727,728,67,286,76,728,67,286,276,76,75

D. Thereafter, as of December 22, 2016 as of December 22, 2016, the amount of claims, such as the Plaintiff’s indemnity against the Deceased and C, as the Plaintiff recovered part of the subrogated amount.

E. The rate of damages for delay after February 1, 2016, stipulated in each credit guarantee agreement of this case, is 12% per annum.

F. The Deceased died on June 13, 201, and then his death.

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