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(영문) 대구지방법원 2016.10.25 2016가단119929
구상금
Text

1. The Defendant’s annual period from April 11, 2016 to July 14, 2016, as to KRW 306,788,846 and KRW 304,485,175 among the Plaintiff.

Reasons

In full view of the facts stated in Gap evidence Nos. 1 through 3 (including the branch number if there is no dispute between the parties) and the whole arguments, the plaintiff provided credit guarantee for the defendant's obligations for loans to small and medium enterprise funds to the Industrial Bank of Korea on November 20, 2015. According to a credit guarantee agreement between the plaintiff and the defendant, the plaintiff agreed to pay the plaintiff the amount of the repayment by subrogation, the amount of the payment by subrogation, the amount of the payment by subrogation, the fixed damages, the penalty for delay, the amount of the payment by subrogation from the date of the payment by subrogation, the amount of the payment by subrogation, the amount of the payment by subrogation from the date of the payment by subrogation to the date of the payment by subrogation, the amount of the credit guarantee fund from December 15, 2015. However, the defendant caused a credit guarantee accident where the plaintiff is in arrears of the above loan obligations on April 11, 2016, the plaintiff paid 306,49,585 won by subrogation, and some of the amount by subrogation can be recovered from 304.1.25

According to the above facts, the defendant is obligated to pay to the plaintiff 306,788,846 won (i.e., the balance of the subrogated payment amount of KRW 304,485,175 KRW 551 won plus KRW 2,303,120 won) and the balance of the subrogated payment of KRW 304,485,175, whichever is the date the original copy of the payment order was served to the defendant from April 11, 2016 until July 14, 2016, the amount of delay damages calculated by the rate of 10% per annum, which is the agreed interest rate, and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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