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(영문) 광주지방법원해남지원 2017.11.07 2016가단2984
구상금
Text

1. The plaintiff

A. As to Defendant A’s KRW 65,368,939 and KRW 21,165,177 among them

B. Defendant B and C are from D.

Reasons

1. Facts of recognition;

A. Each of the financial institutions listed in the following table “financial institutions” (hereinafter “financial institutions”) lent money to D as listed below:

At the time of conclusion of each loan agreement, the Plaintiff and D guaranteed the Plaintiff’s obligation to provide loans to D financial institutions, and D concluded each credit guarantee agreement with the purport that the Plaintiff shall pay guarantee fees, administrative fines, and penalty as determined by the Plaintiff, and shall pay the amount of subrogation, expenses incidental thereto, and damages therefrom when the Plaintiff makes a subrogation (hereinafter “instant guarantee agreement”), and the Plaintiff issued each credit guarantee agreement to financial institutions.

Serial 20,000,000 on December 16, 2002, 200 on December 16, 2002, 200, 234, 1832, 200,000,000 by subrogation on the date of concluding a contract by a financial institution, 1 new and new agricultural cooperatives, the amount of subrogated on the date of concluding a contract by subrogation on the date of concluding a contract by a financial institution, shall be the aggregate of 40,000,000,000,000 on March 24, 2001, 29:

B. D lost the benefit of time by delaying the performance of the obligation under the above loan agreement, and the above financial institution requested the Plaintiff to discharge the guaranteed obligation.

The plaintiff subrogated to the debt of D with respect to the above financial institution as indicated below.

Serial 125,234,183 50,526,764,764 75,760,947 224,151,232 52,615,347,766,579 in total, 49,385,415 103,142,11152,527,5266,526

C. As of September 19, 2016, D’s amount of delay damages, etc. payable to the Plaintiff under the instant guarantee agreement is as indicated below.

Under the instant guarantee agreement, the rate of damages for delay applicable to the above indemnity obligation is 12% per annum as of the time of the closing of argument in the instant case.

Defendant A’s spouse A’s 3/7 65,368,939 21,165,1772 Defendant B, and C’s 2/73,579,293,14,110,118, respectively.

E.D died on March 13, 2007, and Defendant A, his spouse, was 3/7 shares.

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