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(영문) 대구지방법원 2017.05.16 2016가단132298
구상금
Text

1. The defendant shall pay to the plaintiff KRW 806,326 each day from April 21, 2017 to January 21, 2021.

2. The plaintiff.

Reasons

1. Where there is no dispute between the parties to the judgment as to the cause of the Plaintiff’s claim or when comprehensively taking account of the overall purport of pleadings as to the statement in the evidence Nos. 1 through 5, the Plaintiff agreed to pay the Plaintiff the amount of guarantee 230,000,000 won, general loan for the loan of the loan of the loan of the general loan of the loan of the loan of the loan of the loan of the loan of the debtor on August 29, 2008 (which shall be extended on December 21, 2015) as the credit guarantee obligation of the debtor B (C operation). According to each credit guarantee agreement between the Plaintiff and B, if the Plaintiff performs the guaranteed obligation, B shall pay the Plaintiff the subrogated amount, delay damages, substitute payment, guarantee fees and fees set forth in the Credit Guarantee Fund Act, the Defendant agreed to pay the Plaintiff’s indemnity liability of the Plaintiff on August 30, 2007, and the amount of damages paid by the Plaintiff on behalf of the Plaintiff on December 22, 2016>

According to the above facts, the defendant, as a joint witness, has a duty to pay damages for delay to the plaintiff 236,856,598 won (=233,752,496 won by subrogation) (2,193,56 won by subrogation and 233,752,496 won by subrogation) and 233,752,496 won by subrogation, unless there are other special circumstances.

2. Judgment on the defendant's defense

A. The asserted principal obligor E obtained a decision to authorize the repayment plan according to the individual rehabilitation procedure and was exempt from the part exceeding KRW 48,379,560 of the above indemnity debt. Therefore, the Defendant, a joint and several surety, also is the Credit Guarantee Fund Act.

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