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(영문) 제주지방법원 2016.08.04 2015가단7151
구상금
Text

1. Defendant B: (a) to the extent of the property inherited from the network D to the Plaintiff; (b) KRW 54,099,935; and (c) among them, KRW 15,415.

Reasons

Based on the facts, the Plaintiff, as the management institution of farmers and fishermen of the Korea Agricultural and Fishery Guarantee Fund, concluded a credit guarantee agreement with D on March 31, 1997 with the guarantee amount of KRW 20,00,000, with the guarantee amount of KRW 30,000, and entered into a credit guarantee agreement with the period of guarantee from March 31, 1997 to March 31, 200 (hereinafter “the first credit guarantee agreement”), the guarantee amount of KRW 10,00,000 on August 2, 1995, and the guarantee period of KRW 10,000,000 from August 4, 1995 to August 4, 198.

(hereinafter “Second Credit Guarantee Agreement”). According to each of the above credit guarantee agreements, when a plaintiff makes a substitute payment of the amount borrowed from a financial institution due to a failure of D to pay the amount of money borrowed from a financial institution, the plaintiff agreed to pay a fine for negligence at the rate of 0.5% per annum from the date following the expiration date of the guarantee period or from the date of loss of the due date to the date of subrogation for the non-performance of the amount of the guaranteed obligation within the scope not exceeding 25% per annum from the date of full payment of the amount of the subrogated amount and the amount of damages determined by the plaintiff (the plaintiff applies the current 15% interest) to the amount of the guaranteed obligation, and to pay a fine for negligence at the rate of 10% per annum from the payment date of the guarantee fee to the date before the expiration date of the guarantee fee or the date of loss of the due date.

The Plaintiff was granted a loan of KRW 20,000,000 from the 1st credit guarantee agreement on September 29, 1999 and paid KRW 27,577,310 on behalf of the Plaintiff, based on the 1st credit guarantee agreement on September 29, 199 as the Plaintiff was unable to repay the loan of KRW 10,00,000 on September 28, 199, and paid KRW 13,65,008 on behalf of the Plaintiff on September 28, 199.

D With respect to claims for indemnity against D as of May 14, 2015 due to the failure of the above credit guarantee agreement by the Plaintiff to implement the above credit guarantee agreement, KRW 96,145,138 [=amounting to KRW 27,577,310, totaling damages of KRW 68,567,828 (amounting to 68,567,828) under the first credit guarantee agreement.

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