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(영문) 대구지방법원 2017.03.14 2017가단100670
구상금
Text

1. As to KRW 87,358,996 and KRW 87,358,990 among them, the Defendant shall pay to the Plaintiff the year from May 19, 2015 to January 31, 2016.

Reasons

In full view of the facts stated in Gap evidence Nos. 1 through 5 (including a branch number if there is no dispute between the parties) and the whole purport of pleadings, the plaintiff provided credit guarantee for the obligation of loans to a national bank of the debtor B Co., Ltd. (hereinafter "B") on May 31, 2010, with the guarantee amount of KRW 95 million, general funds of the loan subject, term of guarantee, May 29, 2015. According to the above credit guarantee agreement between the plaintiff and Eul, if the plaintiff performs the guaranteed obligation, the plaintiff agreed to pay the plaintiff the amount subrogated, the amount of damages for delay, fixed damages, penalty, and substitute payment from the date of the subrogated payment to the date of the repayment of the indemnity obligation. The defendant provided the above indemnity obligation against the plaintiff, but the defendant may not recover part of the amount of damages determined by the plaintiff on May 19, 2015 and the amount of damages for delay before the repayment of the reimbursement obligation.

On the other hand, the defendant alleged that he was exempted from the above guaranteed liability on March 2013, but there is no evidence to acknowledge this, so the defendant's above assertion cannot be accepted.

According to the facts found above, the defendant as a joint witness the plaintiff amounting to KRW 87,358,96 (i.e., the amount of subrogated payment to KRW 87,358,990) and the amount of subrogated payment to KRW 87,358,990, whichever is the date of subrogation, shall be 12% per annum from May 19, 2015 to January 31, 2016, and from the following day to February 5, 2016, it is obvious that the original copy of payment order was served on the defendant.

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