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(영문) 광주지방법원 2021.02.16 2020가단543664
양수금
Text

1. The defendant shall pay to the plaintiff 220,069,780 won and 76,644,328 won among them, from September 7, 2020 to the day of full payment.

Reasons

1. The facts of recognition are as follows: ① 45,40,000 won on October 31, 2001; ② 5,000,000 won on March 12, 2003; ③ 20,700,000 won on July 16, 2003, the Defendant entered into a credit guarantee agreement with the Agricultural and Forestry Fishery Personnel Credit Guarantee Fund and submitted each credit guarantee guarantee guarantee under the credit guarantee agreement with the Korea Agricultural and Fishery Personnel Credit Guarantee Fund.

The defendant entered into a credit guarantee agreement with the Agricultural and Fishery Personnel Credit Guarantee Fund, and agreed to reimburse the amount of subrogated repayment and the amount of damages to be paid and the expenses to be incurred in the performance of the guaranteed obligation according to the ratio determined by the management institution of the Agricultural and Forestry Personnel Credit Guarantee Fund.

The defendant, on September 4, 2006, failed to repay the above loans by the lapse of the repayment date of the above loans, and thus, the Agricultural and Fishery Enterprise Credit Guarantee Fund subrogated to the D Association for the obligations of KRW 49,346,119, ② 5,430,866, ③ 21,95,683.

On December 21, 2017, the Agricultural and Forestry Fisheries Fisheries Credit Guarantee Fund transferred the claim for reimbursement against the Defendant due to the above subrogation reimbursement to the Plaintiff, and on December 27, 2017, notified the Defendant by certified mail.

As of September 7, 2020, the Defendant’s liability for indemnity as of September 7, 202 remains KRW 141,222,690 in total of KRW 49,257,824 in subrogation and KRW 91,964,866 in total of KRW 91,964,866 in damages, etc., ② KRW 10,170,170 in subrogation and KRW 15,601,140 in total, ③ KRW 21,95,638 in subrogation and KRW 41,290 in total of KRW 63,245,95,950 in damages, etc.

As of September 7, 2020, the rate of damages determined by the management institution of the Agricultural and Forestry Fisheries Personnel Credit Guarantee Fund as of September 7, 2020 is 12% per annum.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant's total amount of KRW 220,069,780 (=141,222,690 won ② 15,601,140 won ③36,64,328 won (=1,257,824 won ② 5,430 won) and the total amount of the subrogated repayment amount of KRW 76,64,328 (=25,824 won ② 5,430,866 won ③ 21,95,638 won) from September 7, 2020.

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