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(영문) 대구지방법원 2016.11.22 2016가단125306
구상금
Text

1. The Defendant’s KRW 25,145,161 and KRW 25,059,485 among them shall be 12% per annum from November 11, 2013 to January 31, 2016.

Reasons

In light of the purport of the argument as a whole, the plaintiff did not dispute between the parties or comprehensively based on Gap evidence Nos. 1 through 3 (including a branch number), and the plaintiff provided credit guarantee for corporate general loan obligations to Korean banks of the debtor B (hereinafter "the above debtor") on December 16, 2013. According to a credit guarantee agreement between the plaintiff and the above debtor, the above debtor agreed to pay the amount of the repayment by subrogation to the plaintiff, damages for delay, final amount of damages, penalty, substitute payment, etc. from the date of subrogation to the date of repayment of the liability for indemnity. The defendant jointly and severally guaranteed the above debtor's liability for indemnity on October 10, 204; however, the credit guarantee accident involving the above loan amount by the above debtor on December 10, 200; the amount of damages by subrogation from 42,50,000 won; and the amount of damages by subrogation from 231,201 to 215,216,000 won which were determined after the date of subrogation;

According to the above facts, the defendant, as a joint witness, 25,145,161 won (=25,059,485 won in fixed amount of subrogated and 85,676 won in fixed amount) and 25,059,485 won in fixed amount of subrogated payment, 12% per annum, which is the agreed interest rate for delay from November 11, 2013 to January 31, 2016, and 10% per annum, which is the date when the original copy of the payment order was delivered to the defendant until August 9, 2016, and from the following day to the date of full payment.

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