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(영문) 제주지방법원 2017.10.10 2017가단51718
구상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 145,649,860 and the amount of KRW 60,026,981 from January 13, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff entered into a credit guarantee agreement with the Defendant as follows. After June 24, 200, the guarantee period of the guaranteed amount was KRW 20,000,000 from June 24, 200 to October 9, 2005; KRW 10,000; and KRW 30,000 from May 26, 2001 to May 26, 2001; KRW 10,000; and KRW 10,000 from June 26, 200 to May 26, 2004; and KRW 20,000,000 from June 16, 200 to KRW 30,00; and KRW 10,000 from June 16, 200 to KRW 10,00; and

3) As of January 12, 2017, the sum of claims for indemnity due to the Plaintiff’s subrogation is KRW 145,649,860 as of January 12, 201, the remainder of subrogation is KRW 60,026,981, and the interest rate on delay applied from January 13, 2017 to the above claim for indemnity is KRW 12% per annum. [Grounds for recognition] There is no dispute, Party A’s evidence 1 through 6 (each entry in the number of branches, and the purport of the whole pleadings).

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 145,649,860 as above and the amount of damages for delay calculated by applying the rate of 12% per annum from January 13, 2017 to the date of full payment of the subrogated principal to KRW 60,026,981.

2. The defendant's defense of the extinctive prescription is proved to have expired by the statute of limitations since the above claim for indemnity was a commercial claim after the lapse of five years.

The plaintiff applied for the instant payment order on January 17, 2017, which was five years from September 28, 2006, which was the date of the occurrence of the said claim for reimbursement.

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