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(영문) 전주지방법원정읍지원 2017.07.13 2017가단10914
구상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 78,121,148 and the amount of KRW 35,541,698 from February 10, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. As indicated below, the Plaintiff guaranteed the Defendant’s obligation of loans borrowed from financial institutions or joint and several sureties, thereby repaying the principal and interest of the loans to the relevant financial institution on behalf of the Defendant, and the item’s amount agreed to be paid by the Defendant to the Plaintiff under the guarantee contract between the Plaintiff and the Defendant is as listed below as of February 9, 2017.

No. 35,541,69842,150,505739 427,561,645,121,148 on May 13, 2003, 200 the sum of (won) a penalty for negligence (won) the amount of damages by subrogation on the date of subrogated repayment on the date of guarantee deposit (won).

B. The percentage of damages for delay designated by the Plaintiff based on the guarantee agreement between the Plaintiff and the Defendant is 12% per annum since February 9, 2016.

[Grounds for recognition] Each entry of Gap evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of damages, guarantee fees, penalty, total amount of fines for negligence 78,121,148 won, and damages for delay calculated at the rate of 12% per annum, which is the rate of damages for delay agreed to be paid by the Defendant on the basis of the guarantee agreement between the Plaintiff and the principal and the Defendant.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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