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(영문) 부산지방법원 동부지원 2017.04.27 2017가단201011
구상금
Text

1. As to KRW 1,068,657,267 among the Plaintiff and KRW 1,065,457,383 among the Plaintiff, the Defendant shall be annually from November 4, 2016 to January 5, 2017.

Reasons

1. Basic facts

A. From August 13, 2014 to August 12, 2019, the Plaintiff entered into a credit guarantee agreement with the LAB and issued a credit guarantee agreement by setting the guarantee amount of KRW 1.35 billion, and the Defendant jointly and severally guaranteed the debt of the LAB.

B. The LAB obtained a loan of KRW 1.5 billion from the KAB as security by the Plaintiff’s credit guarantee statement.

C. On September 26, 2016, the corporate rehabilitation procedures against B have commenced, and a guarantee accident occurred, the Plaintiff subrogated for the principal and interest of the remainder of the loan on November 4, 2016 at the request of the Bank of Korea.

As of November 4, 2016, the remainder amount of indemnity as of November 4, 2016 is KRW 1,068,657,267 (i.e., 1,080,80,805,573 - the amount of subrogation to be recovered to KRW 15,348,190, the amount of finalized damages for the amount of recovery to be recovered to KRW 4,204, the amount of compensation for claims KRW 3,195,680, and the rate of delayed damage under the credit guarantee agreement is

[Ground of recognition] Unsatisfy, entry of evidence A1 to 6, purport of the whole pleadings

2. According to the above facts, the Defendant is obliged to pay to the Plaintiff the remaining amount of KRW 1,068,657,267 and the remaining amount of subrogated payment of KRW 1,065,457,383 as guaranteed liability, with 10% per annum from November 4, 2016, the date of subrogation, to January 5, 2017, and 15% per annum from the next day to the date of full payment.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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