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(영문) 대구지방법원 2017.08.08 2017가단115764
구상금
Text

1. The Defendant’s year from July 28, 201 to January 31, 2016, to KRW 111,407,727, among the Plaintiff’s KRW 111,65,211, to the Plaintiff.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 6, the plaintiff did not dispute between the parties or comprehensively takes account of the purport of the whole pleadings, the plaintiff agreed to pay the amount of 160,000,000 won guaranteed on March 12, 2010 (the amount shall be reduced to 116,00,000 won thereafter) and the period of guarantee on June 30, 2010 (which shall be extended to June 27, 2014), the debtor corporation B (hereinafter referred to as "non-party corporation")'s credit guarantee liability for the loans to one bank under the above credit guarantee agreement between the plaintiff and the non-party company, according to the above credit guarantee agreement between the plaintiff and the non-party company, the non-party company shall pay the amount subrogated to the plaintiff, delay damages, substitute payments, substitute payments, guarantee fees and fees set forth in the Credit Guarantee Fund Act's credit guarantee fund's indemnity liability against the plaintiff, but the defendant did not recognize that the non-party company's delinquency in payment of the above loans occurred.

According to the facts found above, the defendant as a joint witness the plaintiff KRW 111,65,211 (i.e., substitute payment of KRW 111,407,727 by subrogation of KRW 18,804 by subrogation of KRW 229,680 by subrogation of KRW 111,40,727 by subrogation of KRW 111,40,727 by subrogation of the above amount of subrogated payment of KRW 120 per annum from July 28, 2014 to January 31, 2016, and from the following day to May 21, 2017, the record clearly shows that the original copy of the payment order was served on the defendant by each of the above agreed rate of KRW 10 per annum of the above agreement, and damages for delay calculated by 15% per annum of the year under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment

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