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(영문) 대구지방법원 2018.01.09 2017가단25618
구상금
Text

1. As to the Plaintiff KRW 109,001,031 and KRW 27,518,096 among them, the Defendant shall pay to the Plaintiff KRW 51,482,935 from February 26, 2015.

Reasons

1. Basic facts

A. On November 25, 2005, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd”) concluded a performance guarantee insurance agreement with the Defendant to guarantee the Plaintiff’s performance of credit payment obligations to the Defendant for Hartju Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) by setting the insurance coverage amount of KRW 100 million, the period from November 25, 2005 to November 24, 2007.

The plaintiff jointly and severally guaranteed the indemnity obligation under the above agreement.

B. On July 27, 2007, the Seoul Guarantee Insurance Co., Ltd. filed a claim for reimbursement against the Defendant and the Plaintiff, etc. under the Daegu District Court Decision 2006Kadan161259, and on July 27, 2007, the above court rendered a decision that jointly and severally with the Plaintiff and the Defendant shall pay 90,494,50 won to Seoul Guarantee Insurance and 90,338,340 won, 19% per annum from August 29, 2006 to May 25, 2007, and 20% per annum from the next day to the date of full payment (hereinafter “the judgment of compensation”). The judgment became final and conclusive around that time.

C. Seoul Guarantee Insurance Co., Ltd., based on the judgment of indemnity, applied for a compulsory auction of real estate (Tgu District Court) with respect to the Daegu Dong-gu B building 105 Dong-gu, 906, the Plaintiff owned on February 25, 2015 and received dividends of KRW 27,518,096 out of the proceeds of the sale.

On the other hand, D around November 22, 2005, around 1.7% of the interest rate of KRW 100 million per month, and on November 22, 2007, the repayment period was determined and lent to E, and the Plaintiff jointly and severally guaranteed the above loan obligation of E.

D On February 20, 2011, between Defendant and E, the Defendant and E agreed to make installment payments of KRW 100,000,000 per month from March 25, 201 and KRW 1,00,000 from January 201.

After that, on December 11, 201, D again between the Defendant and E, the Defendant agreed to pay KRW 50 million out of the above loan KRW 100 million, and the Defendant shall pay KRW 1 million monthly from January 20, 2012 to February 2, 2016, and if the payment is not made on the date of payment even during one month, the total amount shall be KRW 100 million.

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