(영문) 대구지방법원상주지원 2017.06.21 2016가단10796

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(영문) 대구지방법원상주지원 2017.06.21 2016가단10796

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 24,820,40 out of KRW 87,237,206 and the said amount, from August 3, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 27, 1995, the Defendant borrowed KRW 20 million from the point agricultural cooperative, and the Plaintiff guaranteed the above loan obligations.

B. When the Plaintiff subrogated for the Defendant’s obligation of loans, the rate of delay damages for the Defendant’s obligation of indemnity to be borne by the Defendant is 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from the following day.

C. As of January 13, 200, the Plaintiff’s failure to repay the loans by the Defendant, paid the principal amount of KRW 24,820,40 on behalf of the Defendant, and as of August 2, 2016, the Plaintiff’s claim for reimbursement against the Defendant is the principal amount of KRW 24,820,40,000, damages for delay, and KRW 62,269,962, damages for delay, and penalty of KRW 146,84,206.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum, which is agreed upon by the Plaintiff, as sought from August 3, 2016 to the date of full payment, as to KRW 87,237,206, including the principal and interest of the claim for reimbursement as of August 2, 2016, and KRW 24,820,400, out of the principal and interest of the said amount.

3. The defendant's defense asserts that the extinctive prescription of the plaintiff's claim for indemnity against the defendant has expired.

On August 4, 2016, the plaintiff's application for the payment order of this case was made on August 4, 2016 after 10 years from the date of subrogation. However, considering the whole purport of the pleadings in the statement No. 3-1 of the evidence No. 3, the plaintiff filed a lawsuit against the defendant for the payment of the principal and interest on the claim for reimbursement amount under the Daegu District Court resident support 2006Gadan1458, and won the judgment in favor of the defendant on August 23, 2006, and the above judgment can be recognized as having become final and conclusive at that time, so the above statute of limitations has ceased. Accordingly, the defendant

4. The plaintiff's claim is justified and acceptable.

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