(영문) 전주지방법원 정읍지원 2018.01.18 2017가단12033

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(영문) 전주지방법원 정읍지원 2018.01.18 2017가단12033

구상금

Text

1. The defendant shall be jointly and severally and severally with B to the date of full payment of KRW 105,720,827 and KRW 44,410,227 among them.

Reasons

1. Facts of recognition;

A. The following table is as follows: (a) the Plaintiff: (a) the Plaintiff was granted a loan from the YY NAFFFFF and guaranteed the Defendant’s debt; and accordingly, (b) repaid the principal and interest of the loan to the above financial institution on behalf of B and the Defendant; and (c) the amount for each item the Defendant agreed to pay to the Plaintiff according to the guarantee agreement between B and the Defendant as of April 24, 2017 is as

On July 22, 2004, 18,785,265,269,319,247,9222,402,4230,400,36368,479,479,647,469,46368,47,9636,47,47,469,47,6024,548,548,265,2659,319,2247,9222,40,40232,40,3232,40232,3232,40232,32323,50,5005,315,3215,3215,42164,4637,967,9637,9636,47,967,467,639,67,47,639

B. The percentage of damages for delay designated by the Plaintiff based on the guarantee agreement between the Plaintiff and the Defendant is 12% per annum since April 24, 2017.

C. On July 19, 2007, the Plaintiff filed a payment order against B and the Defendant with this court 2007 tea913, and accordingly, the payment order became final and conclusive. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription.

[Grounds for recognition] Each entry of Gap evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of damages, guarantee fees, penalty, penalty, total amount of fines for negligence to be paid by the Defendant on the basis of the contract between the Plaintiff and the Defendant based on the amount of subrogated payment and the guarantee contract between the Plaintiff, B and the Defendant, and the delay damages calculated at the rate of 12% per annum, which is the agreed delay damages rate of 4,410,227.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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