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(영문) 대구지방법원 2018.01.23 2017가단125860
구상금
Text

1. The Defendants jointly and severally agreed with the Plaintiff as to KRW 90,825,091 and KRW 90,825,054 among them, from January 5, 2017 to August 29, 2017.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 6, the plaintiff did not dispute between the parties, or comprehensively taking into account the purport of the whole pleadings, the plaintiff agreed to pay 100 million won of the guaranteed amount on July 11, 2012 (the remaining amount shall be reduced to 90 million won), general loan of enterprises in the loan subject (the temporary repayment) and the term of guarantee on July 10, 2013 (the extension to July 7, 2017) to KEB Bank (hereinafter "the defendant company"), but provided credit guarantee for loans to the defendant corporation Gap (hereinafter "the defendant company"). According to the above credit guarantee agreement between the plaintiff and the defendant company, the defendant company did not recover part of the guaranteed amount subrogated to the plaintiff, delay damages, substitute payment, guarantee fees and fees set forth in the Credit Guarantee Fund Act, the defendant company recovered part of the guaranteed amount to the plaintiff company, but did not claim reimbursement against the plaintiff on July 14, 2016.

According to the above facts, the defendants are jointly and severally liable to the plaintiff KRW 90,825,091 (i.e., the amount of subrogated amount of KRW 90,825,054 plus KRW 37 of the amount of subrogated amount of KRW 90,825,054) and the amount of subrogated amount of KRW 90,825,054, which is the date of subrogated payment, shall be calculated at the respective ratio of 10% per annum from January 5, 2017 to August 29, 2017, which is obvious in the record that the original copy of the payment order was served on the defendant.

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