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(영문) 대구지방법원 포항지원 2018.02.13 2017가단103021
구상금
Text

1. The Defendant shall pay to the Plaintiff the full amount of KRW 552,204,41 and KRW 175,962,339, out of the above amount.

Reasons

1. The Plaintiff entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the content that the Defendant guarantees the principal and interest of the loan in obtaining a loan on eight occasions as shown in the attached Form (1), and issued a credit guarantee certificate to the Defendant. The Defendant received a loan from each of the lending institutions in accordance with the above credit guarantee agreement.

At the time of the instant credit guarantee agreement, the Defendant agreed to pay to the Plaintiff the amount of subrogated payment, the amount of subrogated payment at the rate determined by the Plaintiff from the date of repayment, the guarantee fee, administrative fine, penalty, and the expenses paid by the Plaintiff for the purpose of preserving or executing the claim for reimbursement. The rate of delay damages determined by the Plaintiff is 18% per annum from June 13, 2004 until December 16, 2012, 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

However, the defendant has lost the benefit of time due to the overdue payment of the principal and interest of loan, and the plaintiff paid to the above union 121,637,546 won around October 201 and 42,456,781 won on February 5, 2002 and 11,868,012 won on May 22, 201 as of May 22, 201.

Meanwhile, according to the Defendant’s loss of benefit, the National Agricultural Cooperative Federation, which is a lending institution related to paragraphs (a) and (b) of [Attachment 1], obtained a provisional seizure order against the Defendant under Daegu District Court Port Branch Office 2001Kadan7177, and completed the provisional seizure registration on real estate on October 20, 201 with respect to the North-gu B, C, D, and E (hereinafter “each real estate of this case”) owned by the Defendant, and the mechanical agricultural cooperative, which is a lending institution related to the items (c) through (c) of [Attachment 1], obtained a provisional seizure order against the Defendant on November 3, 2001 from Daegu District Court Port Branch Branch Office 201Kadan7560, and completed the provisional seizure registration on each real estate of this case on November 3, 2001.

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