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(영문) 대구지방법원 2017.04.25 2017가단104177
구상금
Text

1. The Defendant’s annual period from October 5, 2016 to January 17, 2017, as to KRW 300,274,958 among the Plaintiff and KRW 300,274,958.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 3 (including the branch number if there is no dispute between the parties, or comprehensively taking into account the purport of the whole arguments, the plaintiff provided a credit guarantee for the defendant's obligations for loans to small and medium enterprise funds to the Industrial Bank of Korea on May 22, 2015 and April 21, 2017. According to each credit guarantee agreement between the plaintiff and the defendant, when the plaintiff performs the guaranteed obligations, the defendant has agreed to pay the plaintiff the amount subrogated, the amount of delayed payment, penalty, substitute payment, guarantee fee, and other charges prescribed in the Credit Guarantee Fund Act. However, the credit guarantee accident of the defendant in arrears with the above loan obligations on August 25, 2016 occurred, and the plaintiff collected part of the amount paid on behalf of the Industrial Bank of Korea on October 5, 2016 and appropriated part of the amount paid on behalf of the principal, the amount of such credit guarantee fund can not be determined as 30 million won, 274, 2985.1

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 300,275,452 (=the amount of subrogated payment KRW 300,274,958 plus KRW 504,00) and the remainder of the subrogated payment amount of KRW 300,274,958, which is the date of subrogation, to the Defendant from October 5, 2016 to January 17, 2017, which is obvious in the record that the original copy of the payment order was served on the Defendant, 10% per annum, the agreed interest rate for delay, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following 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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