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(영문) 대구지방법원 2018.02.06 2017가단123666
구상금
Text

1. The Defendant’s annual year from June 15, 2017 to August 18, 2017, as to KRW 171,153,032 and KRW 171,152,93 among the Plaintiff.

Reasons

In the absence of dispute between the parties or comprehensively taking account of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 3, the plaintiff provided credit guarantee for the obligations of loans to the Nonghyup Bank of B Co., Ltd. (hereinafter "B") on July 24, 2018 by setting the term of guarantee as 170,000,000 won and the term of guarantee as 170,000 won. According to the above credit guarantee agreement between the plaintiff and Eul, in the event the plaintiff performs the guaranteed obligations, Eul agreed to pay the amount subrogated to the plaintiff, delay damages, substitute payments, guarantee fees, and fees set forth in the Credit Guarantee Fund Act. The defendant jointly and severally guaranteed the indemnity obligations to the plaintiff under the above credit guarantee agreement. However, the credit guarantee accident occurred with the wind of losing the benefit of time due to the delay of the above loan obligations, and thus, the plaintiff collected part of the amount of the subrogated damages to be appropriated by the plaintiff as 310% 15,2017, and 2317,219% of the amount subrogated damages.

According to the above facts, the defendant, as a joint and several surety, is obligated to pay the plaintiff 171,153,032 won (i.e., the balance of the subrogated payment amount of KRW 171,153,032 won plus KRW 99 won) and the balance of the subrogated payment of KRW 171,153,032, whichever is the date the original copy of the payment order was served on the defendant from June 15, 2017 to August 18, 2017, which is obvious in the record that the payment order was served on the date the original copy of the payment order was served on the defendant.

Thus, the plaintiff's claim shall be accepted on the grounds of its reasoning.

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