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(영문) 대전지방법원 2018.01.18 2017가단217462
구상금
Text

1. The Defendant’s annual interest in KRW 93,097,043 and KRW 93,096,981 among the Plaintiff, from November 9, 2016 to July 11, 2017.

Reasons

1. In full view of the overall purport of the pleadings in each of the statements in the evidence Nos. 1 and 7, the facts of the reasons for the claim in the separate sheet can be acknowledged (the creditor shall be deemed the plaintiff and the debtor as the defendant).

2. Determination

A. According to the above facts, pursuant to the joint and several guarantee agreement with the Plaintiff, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 93,097,043 (the agreed interest rate of KRW 50,124,140 in subrogation in the first guarantee amount of KRW 42,972,841 in the second guarantee amount of KRW 1) and the remainder of the subrogated amount of KRW 93,096,981 (the first guarantee amount of KRW 50,124,140 in the second subrogation in the first guarantee amount of KRW 42,972,841 in the second guarantee amount), which is the date of subrogation, from November 9, 2016 to July 11, 2017, which is the delivery date of the payment order in substitution for the delivery date of the complaint, and damages for delay calculated by 15% per annum per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. The defendant asserts that it is under bankruptcy immunity, but there is no evidence to acknowledge that he was granted immunity on the plaintiff's claim, and the defendant's above assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.

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