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(영문) 대구지방법원 2017.11.16 2017나310379
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an institution that manages the Agricultural and Fishery Credit Guarantee Fund that has contributed by the Government in order to smoothly prepare necessary funds by guaranteeing the credit of farmers and fishermen who lack security capability under the Agricultural and Fishery Business Credit Guarantee Act.

B. 1) The Defendant’s nutrition point (hereinafter “nutrition”) shall be the Cheongsan Livestock Products.

(2) The Plaintiff obtained loans from the following two times. The Plaintiff’s credit guarantee agreement with the nutrition point that guarantees the principal and interest of the loan as follows (hereinafter “instant credit guarantee agreement”).

On December 7, 2001, the credit guarantee principal: 45,800,00 won credit guarantee term: on December 2, 2006, the credit guarantee principal: on February 27, 2006: the credit guarantee term: 2,600,000 won: on February 27, 2002: on February 27, 2009, the credit guarantee principal: on February 27, 2009, under the credit guarantee agreement of this case, where the plaintiff subrogated for the defendant's nutrition point, the defendant shall pay the plaintiff the amount by subrogation, ② damages for delay by the rate determined by the plaintiff from the date of repayment, ③ the guarantee fee, fine for negligence, penalty, ④ the expenses paid by the plaintiff for the purpose of preserving or executing the claim for reimbursement, and on December 14, 2004, the rate of damages for delay determined by the plaintiff shall be 15% per annum from June 14, 2004 to December 16, 2012>

3) The Defendant delayed the payment of the principal and interest of the above loan and lost the benefit of time. On April 26, 2005, the Plaintiff repaid KRW 46,029,075 of the loan principal and interest at the nutrition point in subrogation of the Defendant, in accordance with the credit guarantee agreement of this case. 4) as of February 20, 2017, the Plaintiff’s claim for indemnity against the Defendant (hereinafter “claim for indemnity of this case”) is as follows.

1. The amount of a credit guarantee payment by subrogation of KRW 43,205,473 on December 7, 2001: Penalty of KRW 71,264,172: Guarantee fee of KRW 285,616: KRW 256,689;

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