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(영문) 대구지방법원 2016.11.22 2016가단125351
구상금
Text

1. The Defendant: 10% per annum from August 17, 2016 to August 31, 2016, as to KRW 52,441,275 among the Plaintiff and KRW 52,441,275.

Reasons

In light of the overall purport of the pleadings, the Plaintiff agreed to pay the amount of guarantee on June 27, 2008, KRW 51 million, the term of guarantee on June 17, 2016, ② the amount of guarantee on October 20, 201, KRW 38,250,000, and the term of guarantee on October 19, 201, to guarantee the loans to the Daegu Bank as of October 19, 2016. According to each credit guarantee agreement between the Plaintiff and the Defendant, the Plaintiff’s repayment amount by subrogation, damages for delay, penalty, substitute payment, etc. under the credit guarantee agreement between the Plaintiff and the Defendant, and the Plaintiff’s repayment amount by subrogation to the Plaintiff from the date of subrogation, the Plaintiff agreed to pay the amount of guarantee, damages for delay, penalty, etc. by subrogation to the Plaintiff until the date of repayment of the indemnity obligation. However, each of the credit guarantee accidents occurred by the Defendant, and the Plaintiff’s delay in payment by subrogation from the Daegu Credit Guarantee Fund as of KRW 25317.25,27.25.

According to the above facts, the defendant is obligated to pay to the plaintiff 52,936,78 won (=52,441,275 won by subrogation and penalty of KRW 197,260 by subrogation) and 52,441,275 won by subrogation from August 17, 2016 to August 31, 2016, which is clearly indicated in the record that the original copy of the payment order is served on the defendant from August 17, 2016 to the date of delivery of the original copy of the payment order by subrogation, and damages for delay calculated at the rate of 10% per annum of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim is justified, and it is so decided as per Disposition.

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