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Reasons
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(영문) 대구지방법원상주지원 2017.12.13 2017가단6305
구상금
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1. As to KRW 198,133,312 and KRW 68,246,753 of the said money and the said money, the Defendant shall pay to the Plaintiff the amount of KRW 198,13,312 from May 30, 2017 to December 13, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff guaranteed the Defendant’s loan obligations in receiving a loan from the Busan Agricultural Cooperative and the Kimcheon Livestock Industry Cooperatives as follows.

① 60,000,000 won on February 8, 2002 ② (2) 10,000,000 won on February 8, 2002

B. According to the Defendant’s failure to repay the above loan obligations, the Plaintiff subrogated the above amount of KRW 68,246,753 with respect to the loan, ② KRW 10,738,081 with respect to the loan, ③ KRW 12,885,697 with respect to the loan, and ④ on May 14, 2004, ④ KRW 7,166,929 with respect to the loan, ⑤ KRW 2,704,536 with respect to the loan, and KRW 11,41,780 with respect to the loan, respectively.

C. In the event that the Plaintiff subrogated for the Defendant’s obligation of loans, the rate of damages for delay on the claim for indemnity, which the Plaintiff had, is 18% per annum from December 19, 2003 to June 13, 2004, 15% per annum from the next day to December 16, 2012, and 12% per annum from the next day to that.

As of May 29, 2017 by the Plaintiff’s subrogation, the amount of the claim for indemnity as of May 29, 2017 is KRW 320,792,478 if the Plaintiff combines damages for delay including KRW 108,49,373 in total, and KRW 198,79,373 in total, and in particular, the amount of the claim for indemnity related to loans is KRW 68,246,753 in total as well as KRW 68,246,753 in total.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 through 7 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff damages for delay from May 30, 2017 to KRW 320,792,478 and KRW 108,49,373 out of the said money, barring special circumstances.

3. Judgment on the defendant's defense

A. The gist of the defense was ten years after the plaintiff acquired the claim for reimbursement against the defendant, and thus, the plaintiff filed the lawsuit of this case.

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