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(영문) 의정부지방법원 2015.06.12 2015가단100204
구상금
Text

1. As to KRW 97,797,841 and KRW 46,054,489 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 16, 2014 to December 3, 2014.

Reasons

1. Facts of recognition;

A. On June 5, 2001, the Plaintiff entered into a credit guarantee agreement of KRW 8.5 million with the Defendant (hereinafter “the instant credit guarantee agreement”), respectively, on September 5, 2001, with the credit guarantee agreement of KRW 20 million with the guaranteed principal (hereinafter “the instant credit guarantee agreement”), and on September 28, 2002, with the credit guarantee agreement of KRW 20 million with the guaranteed principal (hereinafter “the instant credit guarantee agreement”).

B. According to each credit guarantee agreement of this case, where the Plaintiff performed the guaranteed obligation, the Defendant shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages according to the rate set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, and other penalty, guarantee fee, and fine for negligence determined by the Plaintiff. The rate of damages determined by the Plaintiff is 15% per annum from January 12, 2006 to December 16, 2012, and 12% per annum from the following day to the date.

C. The Defendant provided a letter of credit guarantee issued under each credit guarantee contract of this case and received a loan from each of the National Agricultural Cooperatives at the time of the conclusion of each credit guarantee contract of this case.

However, on January 12, 2006, the Plaintiff was unable to repay each of the above loans, and on January 12, 2006, on the part of the Plaintiff paid 8,788,435 won ( principal KRW 8.28,435 won) under the first credit guarantee agreement of this case, and on February 16, 2006, 23,377,844 won ( principal KRW 19,797,83 won, interest KRW 3,579,961) under the second credit guarantee agreement of this case, and on December 23, 2008, pursuant to the third credit guarantee agreement of this case, 14,580,767 won (principal principal KRW 13,720,916 won, interest KRW 859,851), each of the payment under the third credit guarantee agreement of this case was collected under the third credit guarantee agreement of this case, and the amount of subrogation was collected under the third credit guarantee agreement of this case 1381,13081.

E. As of October 15, 2014, the amount of damages calculated by adding up 11,068,371 won to the amount of subrogated payment of KRW 8,788,435 under the instant Credit Guarantee Agreement = 9,141,176 won per annum from January 12, 2006 to December 16, 2012.

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