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(영문) 전주지방법원정읍지원 2016.12.08 2016가단408
구상금
Text

1. The defendant shall pay to the plaintiff KRW 57,936,381 as well as KRW 57,513,790 among them, from January 19, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. As indicated in the table below, the Plaintiff guaranteed the Defendant’s obligation of loans from financial institutions and accordingly repaid the principal and interest of the loans to the relevant financial institution on behalf of the Defendant, and the amount agreed to be paid by the Defendant to the Plaintiff according to the guarantee contract between the Plaintiff and the Defendant as of January 18, 2016 is as listed below.

Serial 186,413,822,413,82,72,72,7252, 270,000, 270,000,000 22,950,000,000 13,000,000 1,00,000,00 22,00,000,000 27,00,00,00,00,00,00 on August 6, 2015, 208, 27,00,00,00,00,00 on August 6, 2015, 208, 27, 510,510,000,000,000 27,07,510,000,000,07,000,000,07,53638,538,205,3638

B. The percentage of damages for delay designated by the Plaintiff based on the guarantee agreement between the Plaintiff and the Defendant is 12% per annum since December 17, 2012.

[Grounds for recognition] Each entry of Gap evidence 1-9 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of damages, guarantee fees, penalty, totaling KRW 57,936,381, which the Defendant agreed to pay to the Plaintiff based on the guarantee agreement between the Plaintiff and the Plaintiff, and the amount of damages for delay calculated at the rate of 12% per annum, which is the rate of delay damages in subrogation, to the Plaintiff.

3. Accordingly, the plaintiff's claim is accepted on the grounds of the conclusion.

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