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(영문) 대구지방법원 2019.09.25 2019나959
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On February 28, 2002, the Association (hereinafter “D”) asserted that the Defendant received a loan (hereinafter “instant one”) with interest rate of KRW 6.5% per annum, interest rate of KRW 15% per annum, interest rate of KRW 15% per annum, and repayment date of February 28, 2007, and filed a lawsuit claiming a loan (Seoul District Court Decision 2003DaGa17771). On April 21, 2003, the Daegu District Court sentenced that “the Defendant shall pay to the Plaintiff the amount calculated at the annual rate of KRW 64,384,37 and KRW 60,780,00 per annum from January 27, 2003 to the date of full payment,” and the above judgment became final and conclusive on May 14, 2003.

In addition, on April 25, 2003, D Union claimed that the Defendant received a loan with interest of KRW 10.9% per annum, interest rate of KRW 17% per annum, and interest rate of KRW 17% per annum on June 7, 2002, and June 7, 2005 on the repayment date (hereinafter “instant loan”). The Daegu District Court rendered a judgment that “the Defendant shall pay to the Plaintiff money of KRW 32,134,412 and KRW 30,000,000 per annum with interest rate of KRW 17% per annum from January 28, 2003 to the date of full payment” and the above judgment became final and conclusive on May 21, 2003.

B. On February 28, 2002, the Plaintiff issued a credit guarantee certificate (Guarantee Number E) for KRW 60,780,000 of the instant loan 1 to D Association as the principal guarantor, and on June 7, 2002, the Plaintiff issued a credit guarantee certificate (Guarantee Number F) for KRW 30,000,000 of the instant two loans.

C. As the Defendant did not repay each of the loans in this case, D Union requested the Plaintiff to discharge the guaranteed obligation. Accordingly, on September 5, 2003, the Plaintiff subrogated for KRW 102,13,417,417 in total, KRW 67,717,058 in the principal and interest of the loan in this case, and KRW 34,416,359 in the principal and interest of the loan in this case.

The credit guarantee agreement generally used by the plaintiff shall provide the debtor's credit guarantee, and when the plaintiff has fulfilled the guarantee obligation, the debtor shall pay the guarantee fee according to the rate, calculation method and collection period determined by the plaintiff.

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