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(영문) 전주지방법원 2017.08.18 2016가단20789
구상금
Text

1. The Defendant’s KRW 38,412,597 and KRW 37,815,507 among the Plaintiff’s KRW 12% per annum from April 19, 2016 to July 13, 2017.

Reasons

1. The Plaintiff entered into a credit guarantee agreement with B as follows, and the Defendant jointly and severally guaranteed the Plaintiff’s indemnity liability.

B concluded a credit guarantee agreement and agreed to reimburse damages for delay calculated at the rate of delay (12% per annum) determined by the Plaintiff with respect to the subrogated amount when the Plaintiff subrogated for the obligation, expenses incurred in executing the claim, additional guarantee fees, etc.

A After A, the term of guarantee and principal of the credit guarantee agreement were modified as follows:

On April 19, 2016, the Plaintiff subrogated to the Nonghyup Bank, a creditor, for the sum of KRW 37,815,507 ( principal principal and interest of KRW 37,323,740 (interest of KRW 491,767).

CDB failed to pay the Plaintiff additional guarantee fee of KRW 54,130 from the date following the due date of guarantee on the remainder of the guarantee which was not performed within the due date until the date of subrogation.

The Plaintiff paid KRW 603,320 to the legal procedural costs by training the exercise of the right of indemnity.

On April 19, 2016, the Plaintiff appropriated 60,360 won as part of subrogated payment of KRW 603,320.

The details of the Plaintiff’s claim for indemnity are as follows.

CD [Ground of recognition] Unstrifed Facts, entry of Gap 1 through 6 evidence, purport of the whole pleadings

2. The defendant is a joint and several surety for the indemnity deposit obligation of B and is obligated to pay the money stated in paragraph (1) of this Article to the plaintiff.

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