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(영문) 대구지방법원 2015.11.06 2015가단33684
구상금
Text

1. The Defendant’s KRW 51,92,977 and KRW 22,387,906 out of the said money and the said money to the Plaintiff from July 15, 2015 to July 27, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed to provide credit guarantee by the Defendant’s lending from the Dong-gu Agricultural Cooperative (hereinafter “Dong-gu Agricultural Cooperative”), and agreed to pay expenses, such as the amount of subrogation performed by the Plaintiff, damages for delay (where the rate has been changed, the changed rate of interest), penalties, guarantee fees, fines for negligence, and legal procedures and expenses incurred by the Plaintiff for the Plaintiff in order to recover or compensate for the guaranteed liability.

B. The Plaintiff issued a letter of credit guarantee to the Defendant with the content of guaranteeing the Defendant’s debt guarantee against the Defendant’s loans to Dong-young Agricultural Cooperative as indicated in the following table:

The guarantee rate of general loans 10,00,000,000 from the date of guarantee of the deposit for the subject of the loan shall be 10,000% from the December 12, 2002 to the December 11, 2005 from the date of December 12, 2002 to the date of December 11, 2005, 200% from September 17, 2003 to the date of September 17, 2003 to the date of July 15, 2004 (united source)

C. The defendant submitted the above credit guarantee letter issued by the plaintiff and received loans from the Dong High-gu Agricultural Cooperative as listed below:

(Agreement Delay Interest Rate has been changed to 12% per annum. Serial Loan Interest Rate 10,000,000 per annum 10,000/20 per annum on December 12, 2005 8.2% per annum on December 12, 2005 15.2% per annum on September 17, 2003

D. The Defendant did not pay interest on each of the above loans and caused a credit guarantee accident that loses the benefit of time.

Accordingly, the plaintiff paid the principal and interest of loan to the defendant upon the request for the performance of the guaranteed obligation by the Dongcheon Agricultural Cooperatives as listed below.

Accordingly, on July 14, 2015, the Plaintiff created a claim for reimbursement of KRW 51,92,977 as of July 14, 2015 against the Defendant.

In the case of 11,603, 266 11,603, 2663, 2661, 26663, 266 13,835 504.

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