logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.08.08 2017가단114471
구상금
Text

1. The Defendant’s KRW 91,192,793 and KRW 91,192,747 among the Plaintiff’s KRW 10% per annum from March 20, 2017 to April 26, 2017.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 5, the plaintiff did not dispute between the parties, or comprehensively takes account of the purport of the whole pleadings, the plaintiff determined on May 13, 2015 as the guaranteed amount of KRW 90 million, the Small and Medium Enterprise Fund for the loan subjects, and the term of guarantee on May 12, 2016 (which shall be extended to May 12, 2017) and provided credit guarantee for the loan obligations to the Bank of Korea of B Co., Ltd. (hereinafter referred to as "Nonindicted Company"). According to the above credit guarantee agreement between the plaintiff and the non-party company, the non-party company agreed to pay the amount subrogated to the plaintiff, delay damages, penalty, substitute payment, guarantee fees and fees set forth in the Credit Guarantee Fund Act, and the defendant jointly and severally guaranteed the above indemnity obligations against the plaintiff, but the non-party company did not recover part of the amount paid by the plaintiff on March 20, 2017, and thus, collected part of the amount paid by subrogation to the plaintiff.

According to the above facts, the defendant, as a joint and several surety, is obligated to pay the plaintiff 91,192,793 won (i.e., the balance of the subrogated amount of KRW 91,192,747 plus KRW 46 won) and the balance of the subrogated amount of KRW 91,192,747 as of March 20, 2017, which is the date the original copy of the payment order was served on the defendant from March 20, 2017 to April 26, 2017.

arrow