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(영문) 대구지방법원 2017.12.05 2017가단126870
구상금
Text

1. The Defendant: (a) KRW 45,174,408 and the Plaintiff’s KRW 10% per annum from September 15, 2017 to September 21, 2017; and (b).

Reasons

In the absence of dispute between the parties or comprehensively taking account of the overall purport of the pleadings as to the evidence of subparagraphs 1 through 3, the Plaintiff provided credit guarantee concerning the Defendant’s Daegu Bank’s loan obligations on November 30, 2012 by setting the guarantee period of KRW 44,40,00, and the credit guarantee period of KRW 35,000 on November 29, 2013. According to the above credit guarantee agreement between the Plaintiff and the Defendant, if the Plaintiff performed the guaranteed obligation, the Defendant agreed to pay the Plaintiff the amount subrogated to the Plaintiff, delay damages, penalty, substitute payment, guarantee fees, and fees set forth in the Credit Guarantee Fund Act. However, a credit guarantee accident of the Defendant’s delayed payment of the above loan obligation occurred, and the Plaintiff paid the Daegu Bank of Korea on September 15, 2017. Meanwhile, the credit guarantee rate of damages under Article 35 of the Credit Guarantee Fund Act by subrogation is 10% per annum from February 1, 2016.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of indemnity 45,174,408 won equivalent to the amount of subrogated payment and the damages for delay calculated by the ratio of 10% per annum, which is the interest rate for the agreed delay damages, from September 15, 2017 to September 21, 2017, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the date of repayment.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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