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(영문) 창원지방법원 2019.04.18 2019가단2103
구상금
Text

1. The Defendant’s annual interest in KRW 102,100,174 and KRW 97,206,582 among the Plaintiff, from December 6, 2018 to February 15, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is running the business of providing guarantees to farmers and fishermen, etc. who lack security capability under the Act on the Credit Guarantee for Farmers and Fishermen, Etc. who intend to obtain business loans from financial institutions.

B. The Plaintiff concluded a credit guarantee contract with the Defendant as follows.

The guaranteed amount of loan guaranteed by the guarantee date financial institution shall be KRW 11,00,000,000 at the first place of D Association branch of KRW 100,000,000 for 3 January 17, 2017, at the rate of KRW 11,00,000 for D Association of KRW 9,350,000 for 28 April 2017.

C. The Defendant lost the interest of the above loan amount due to its failure to repay it, and the Plaintiff paid the loan amount and interest, etc. totaling KRW 97,343,513 to the lending financial institution.

As of December 6, 2018, the details of claims for reimbursement against the defendant as of December 6, 2018 are as follows:

(The agreed overdue interest rate determined by the Plaintiff is 12% per annum). Total sum of KRW 187,607,607,698, 406,787 won - 92,014,485 won 29,588,584 won 482,837 won 3,968 won 10,085,689 won per annum 97,206,582 won per annum 4,889,624 won per annum 3,968 won per annum 102,10,174 won per annum, including guarantee fees, etc. for damages incurred in the balance of subrogation, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 102,100,174 totaling the principal and interest of the claim for indemnity and the total amount of KRW 97,206,582, which is the date following the settlement of accounts, to the Plaintiff, 12% per annum, which is the overdue interest rate, from December 6, 2018 to February 15, 2019, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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