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(영문) 광주지방법원 2017.09.20 2016나9595
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. Basic facts 1) The Plaintiff is the management institution of the Fund that guarantees the credit of farmers and fishermen under the Act on the Credit Guarantee for Farmers and Fishermen. 2) The Defendant concluded a credit guarantee agreement with the Plaintiff to pay all incidental obligations, such as the amount of payment on January 7, 2013 and the amount of payment on behalf of the Plaintiff and the amount of payment on behalf of the Plaintiff and the amount of payment on behalf of the Plaintiff, penalty, administrative fine, guarantee fee, expenses, etc. (hereinafter “the credit guarantee agreement in this case”).

3) On January 7, 2013, the Defendant entered into a loan transaction agreement (hereinafter referred to as the “instant loan transaction agreement”) whereby the credit guarantee form under the instant credit guarantee agreement provides as security the loan amount of KRW 14 million and the loan amount of KRW 14 million from January 7, 2013 to January 7, 2014, with an interest rate of 3% per annum (hereinafter referred to as “instant loan transaction agreement”).

(4) The Plaintiff paid 14,819,267 won as of June 14, 2016 in total, the amount of 14,819,267 won in subrogation for the Defendant, 68,209 won (12% per annum from May 31, 2016 to June 13, 2016), as the Defendant did not repay the principal and interest of the loan, the Plaintiff paid 14,547 won in total, and 290,720 won in total, and 14,819,267 won in subrogation for the Defendant as of June 14, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

B. According to the above facts, the Defendant’s total amount of KRW 14,915,168, and the subrogated amount of KRW 14,819,267 among them, from June 14, 2016 to the Plaintiff.

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