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(영문) 대구지방법원 2017.01.20 2016가단118674
구상금
Text

1. As to KRW 419,466,725 and KRW 403,716,790 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 403,716,790 from June 30, 2014 to June 15, 2015.

Reasons

1. The assertion;

A. The Plaintiff’s assertion 1) On December 15, 2010, the Plaintiff is only a debtor company B (hereinafter “debtor company”).

(2) Upon the issuance of the above credit guarantee agreement, the Plaintiff and the debtor company entered into a credit guarantee agreement with the above Small and Medium Business Corporation to pay the Plaintiff the amount of subrogation and the amount for delay in accordance with the interest rate from September 1, 1998 to December 31, 1998 and the rate for delay is 20% per annum from January 1, 1999 to May 31, 2005, and from June 1, 2005 to December 15, 2012, the year is 18% per annum from June 1, 2005 to December 31, 2005.

3) In addition, Nonparty C, Nonparty D, and the Defendant concluded a joint and several surety contract with the Plaintiff on all the obligations owed by the Plaintiff and the Defendant to the Plaintiff. 4) However, the obligor company was treated as insolvent on March 20, 2014. Accordingly, upon the Small and Medium Business Corporation’s claim for the performance of the guaranteed obligation to the Plaintiff, the Plaintiff has a claim equivalent to the amount of subrogated payment by paying the amount of KRW 403,716,790 on behalf of the obligor company on behalf of the Plaintiff on June 30, 2014. The Plaintiff collected KRW 31,865,000 by subrogation and collected KRW 31,865,000 by subrogation and collected KRW 31,708,020,000, KRW 94,470, KRW 470, KRW 94, KRW 470, KRW 184,694,694,694,694,6208.294,6.

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