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(영문) 창원지방법원통영지원 2015.02.03 2014가단13739
구상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 56,036,638 and KRW 26,141,594 from September 17, 2014 to the day of full payment.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence 1 and 2 (including paper numbers) by integrating the purpose of the entire pleadings.

The Defendant borrowed the Plaintiff’s credit guarantee (guarantee Amount of KRW 31,00,000) on September 2, 2002 and the credit guarantee (Guarantee Amount of KRW 7,200,000) on March 17, 2003, from agricultural cooperatives as of September 31, 2002 and KRW 8,000,000 from agricultural cooperatives on March 17, 2003.

B. However, the Defendant delayed the payment of the above principal and interest, and on October 9, 2007, the Plaintiff paid the sum of KRW 37,077,573 on behalf of the Defendant to the East Agricultural Cooperatives.

C. Afterward, the Plaintiff recovered KRW 10,935,979, out of the principal of the subrogated payment, from the Defendant, and recovered KRW 26,141,594, the remainder of the subrogated principal as of September 16, 2014 (i.e., KRW 37,077,573 - KRW 10,935,979). The damages for delay in the amount of subrogated payment from the date of the subrogation to the date of the foregoing base date are KRW 29,895,04, and the damages for delay thereafter is 12% per annum.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 56,036,638 won (= principal 26,141,594 won by subrogation) and damages for delay calculated at the rate of 12% per annum from September 17, 2014 to the date of full payment (29,895,04 won by subrogation) and 26,141,594 won by 26,000 won by subrogation.

3. As such, the plaintiff's claim is reasonable and acceptable.

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