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(영문) 전주지방법원 2016.11.30 2016가단9270
구상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 140,412,378 and the amount of KRW 42,227,35 from March 11, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 27, 1996, the Plaintiff entered into a credit guarantee agreement with the Defendant to guarantee the Plaintiff’s obligation to receive a loan from the Cheongwon Agricultural Cooperative (hereinafter “the instant credit guarantee agreement”) from December 27, 1996 to December 27, 1999, with the guarantee period of KRW 30,000,000, the guarantee amount of which is 30,000,000, and issued a written credit guarantee to the Defendant on the same day.

Accordingly, the defendant borrowed 30,000,000 won from the above Nonghyup on the same day.

B. According to the credit guarantee contract of this case, if the defendant's failure to repay the above loan, and the plaintiff pays it to the above Nonghyup as the performance of the guaranteed obligation, the defendant is obligated to pay to the plaintiff the amount of the performance of the guaranteed obligation, damages after the date of the performance of the guaranteed obligation calculated by the rate determined by the plaintiff, expenses for the payment, guarantee fee, penalty, administrative fine, etc.

C. The Defendant lost the benefit of time due to the Defendant’s failure to repay the above loan within the guarantee period of the instant credit guarantee contract, and on October 20, 200, the Plaintiff subrogated to the said Nonghyup for the principal amounting to KRW 30,00,000, interest amounting to KRW 11,88,295, costing to KRW 339,060, total amounting to KRW 42,227,355 under the instant credit guarantee contract.

As of March 10, 2016, the balance of subrogation as of March 10, 2016 is 42,227,35 won, damages, 98,062,329 won, guarantee fees, 164 won, 122,265 won, penalty, 265 won, total of 140,412,378 won, and the rate of delay damages determined by the Plaintiff is 12% per annum.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 7 and the purport of the whole pleadings.

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 140,412,378 won and 42,227,35 won of the principal of the subrogated damage and delay damages calculated by the rate of 12% per annum, which is the rate of delay damages from March 11, 2016 to the date of full payment.

3. Conclusion, the plaintiff's claim of this case is justified and accepted.

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