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(영문) 전주지방법원남원지원 2019.11.13 2019가단10447
구상금
Text

1. As to KRW 130,032,589 and KRW 126,765,258 among them, the Defendant shall pay to the Plaintiff the year from March 7, 2019 to March 15, 2019.

Reasons

1. Facts of recognition;

A. On December 2014 and June 2015, at the Defendant’s request, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the content that guarantees the Defendant’s obligation of a loan to be borne by the Defendant with a loan from C Cooperatives (hereinafter “instant credit guarantee agreement”).

According to this, if the plaintiff has fulfilled the guaranteed obligation to C., the defendant shall pay to the plaintiff all incidental obligations, such as the amount of subrogated payment made by the plaintiff on behalf of the plaintiff, damages for delay calculated at the rate of damages for delay as determined by the plaintiff from the date of repayment, and

The rate of damages for delay determined by the Plaintiff is 12% per annum.

B. In accordance with the instant credit guarantee agreement, the Plaintiff issued, on December 17, 2014, a letter of credit guarantee determined as KRW 90 million, KRW 15 years from the date of the expiration of the guarantee term, and a letter of credit guarantee determined as KRW 34,99,600 on June 8, 2015, and KRW 15 years from the date of the guarantee term.

The defendant submitted the above credit guarantee statement to the C Association and received loans from the C Association twice.

C. The Defendant did not repay each of the above loans to C Association within the agreed time limit, but C Union requested the Plaintiff to discharge the guaranteed obligation.

On December 20, 2018, the Plaintiff paid a total of KRW 126,774,134, including each of the above loans and damages for delay on behalf of the Defendant to the C Union, thereby discharging the guaranteed obligation.

As of March 6, 2019, the amount of indemnity claim as of March 6, 2019 is KRW 130,032,589 in total, including the amount of subrogated payment, damages, and penalty (the balance of subrogated payment among them is KRW 126,765,258).

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. According to the above findings of determination, the Defendant shall pay the Plaintiff the amount of indemnity, such as the amount of subrogation, damages, and penalty, in accordance with the credit guarantee agreement in this case.

Therefore, the defendant from March 7, 2019, which is the following day of the above base date, for the plaintiff 130,032,589 won for indemnity and the balance of subrogated amount 126,765,258 won for the plaintiff.

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