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(영문) 청주지방법원 2016.05.10 2015가단15887
구상금
Text

1. The Defendant’s annual interest in KRW 48,148,486 and KRW 43,978,571 among the Plaintiff, from August 13, 2015 to April 11, 2016.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) On November 5, 2001 and December 8, 2004, the Defendant concluded a credit guarantee agreement with the Plaintiff and the credit guarantee amount of KRW 30,000,000,000 each, respectively, and received a credit guarantee certificate from the Plaintiff and received the credit guarantee certificate from the Plaintiff as collateral, and the Defendant jointly guaranteed the Defendant’s obligation to the Plaintiff pursuant to the above credit guarantee agreement. (ii) On November 27, 201, when the Defendant did not fully repay the loan, the Plaintiff subrogated for the Defendant’s respective obligation to return the loan upon the request for the performance of the obligation to repay the loan by the head of the NAF branch.

3) As of August 12, 2015, the amount of claims for indemnity acquired by the Plaintiff by subrogation under the aforementioned credit guarantee agreement is 48,148,486 won in total, and as of December 17, 2012, the agreed interest rate is 12% per annum from December 17, 2012. The amount of the credit guarantee amount by subrogation was 8,000,058,05828,058,9828,982, 686,2735,27778,780,746267,000,000,233,285,35,919,589,489, 3648, 208, 305, 208, 306, 208, 308, 307, 407, 479, 27847, 2947, 20847, 20847.47

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 38, purport of the whole pleadings

B. According to the above facts of recognition, the Defendant, the sole heir of the deceased B, calculated each of the annual rates of 12%, which is the agreed interest rate from August 13, 2015 to April 11, 2016, as to the Plaintiff’s total amount of KRW 48,148,486 under each credit guarantee agreement, and the principal amount of KRW 43,978,571, among them, from August 13, 2015 to the delivery date of the application for modification of claim.

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