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(영문) 광주지방법원순천지원 2016.01.07 2015가단78387
구상금
Text

1. As to KRW 93,815,039 and KRW 20,862,62,620 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 93,815,039 from September 18, 2015 to October 14, 2015.

Reasons

1. Facts of recognition;

A. On March 10, 1995, the Plaintiff entered into a credit guarantee agreement with the Defendant on the amount of 20 million won guaranteed by the Defendant. The said credit guarantee agreement provides that when the Plaintiff pays a guaranteed obligation by subrogation, the rate of damages for delay with respect to the amount of subrogated payment shall be determined by the Plaintiff.

B. In accordance with the above credit guarantee agreement, the Defendant received a loan from Daiyang Agricultural Branch, and did not repay the loan. The Plaintiff subrogated for KRW 32,121,040 on August 31, 199.

C. As of September 17, 2015, the Plaintiff’s claim for indemnity in relation to the subrogation as of the date of the subrogation amounting to KRW 20,862,620, and KRW 72,952,419, in total, KRW 93,815,039, and KRW 12% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. According to the above facts, the defendant is obligated to pay to the plaintiff 93,815,039 won in total, and 20,862,62,620 won in subrogation, which is the day following the date of calculating the claim for indemnity, to October 14, 2015, which is the day of service of the original copy of the payment order in this case, 12% per annum as stipulated in the above credit guarantee agreement and delay damages calculated by 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The Plaintiff claims for the payment of damages for delay calculated at the rate of 20% per annum with respect to the period from the day after the original copy of payment order was served to the day of full payment. However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was amended by Presidential Decree No. 26553, Sept. 25, 2015, is enforced, and in cases where the pleadings were concluded after October 1, 2015, the annual interest rate of 15% from October 1, 2015 shall be applied. Thus, the Plaintiff’s claim for

3. Some of the Plaintiff’s claims are accepted.

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