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(영문) 대구지방법원 2018.05.18 2017가단121677
구상금
Text

1. As to KRW 258,982,056 and KRW 85,429,71 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 258,982,056 from October 27, 2016, and KRW 172,563,841.

Reasons

1. Chief;

A. The Plaintiff entered into a credit guarantee agreement between the Defendant and the non-party dispute resolution committee (hereinafter referred to as the Defendant and the above dispute resolution committee as the debtor in common) and the debtor, when the debtor receives a loan from the Nowon-dong Branch of the National Bank and the Daegu Bank's monthly distribution point, the debtor entered into a credit guarantee agreement as follows in order to guarantee the amount borrowed and the interest in arrears.

A. Future Guarantee Date: ① The period of guarantee on August 27, 2009, ② June 1, 2015: ① the period of guarantee on August 26, 2010; ② the amount of guarantee on May 31, 2016: ① the amount of guarantee on August 26, 2010; ② the amount of subrogation of KRW 90,000,000: the creditor shall pay the debtor’s loan obligation on behalf of the said bank at the time of a guarantee accident.

The extent of the amount of indemnity: The obligor shall pay to the obligee, when making a payment by subrogation, the amount of the amount subrogated by the obligee and the amount of damages calculated by the obligee from the date of subrogation to the date of full payment.

B. The occurrence of a guarantee accident and the subrogation obligor caused the guarantee accident while operating the business, and the Plaintiff, as a guarantor, subrogated to the said bank on October 27, 2016, KRW 86,435,431, and KRW 172,563,841 for the said bank on November 29, 2016.

C. The obligor who has incurred penalty for breach of contract is obligated to pay the Plaintiff a penalty for breach of contract amounting to KRW 2.1% per annum from the day following the expiration date of the guarantee term until the day immediately preceding the day before the expiration date of the guarantee term, which is calculated by the rate of 2.1% per annum as determined by the Plaintiff from August 20, 2016 to November 28, 2016, for the balance of deposit amounting to KRW 170,000 per annum.

The rate of damages agreed upon by the plaintiff and the debtor shall be 10% per annum from February 1, 2016 to the date. As to KRW 1,005,720 collected from the debtor, the damages amounting to KRW 644 won from the date of subrogation until the date of recovery. The debtor is liable to pay the damages.

E. Based on the theory of lawsuit.

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