logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2017.07.12 2017가단30534
구상금
Text

1. As to KRW 24,175,49 and KRW 21,144,432 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 15, 2016 to January 2, 2017.

Reasons

1. The name and branch office of Daegu Bank on April 3, 2018, the name and branch office of the Daegu Bank on April 4, 2013, 300,000 won in C 20,000,000 on April 3, 2018, the guarantee number guarantee deposit amount guaranteed on April 4, 2013;

A. On April 4, 2013, the Plaintiff entered into each credit guarantee agreement (hereinafter collectively referred to as the “instant guarantee agreement”) with respect to the repayment obligation of loans to be received from the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”), as follows:

B. On April 4, 2013, the Defendant jointly and severally guaranteed the Plaintiff’s obligation, such as indemnity to be borne by B pursuant to the instant guarantee agreement.

C. B, based on the instant guarantee agreement, was loaned KRW 30 million from the Daegu Bank.

According to the guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant shall pay to the plaintiff the amount of the guaranteed obligation, the interest rate determined by the plaintiff from the date of the performance to the date of full payment, and damages for delay calculated by the calculation method.

E. B caused a credit guarantee accident in arrears with the above loan obligation. On October 6, 2015, the Plaintiff repaid KRW 21,14,432 of the principal and interest of loan to Daegu Bank on behalf of B.

F. As of December 14, 2016, as of December 14, 2016, damages for the fixed delay of the obligation to pay the indemnity amount is KRW 3,031,067, and damages for delay determined by the Plaintiff is 12% per annum from September 5, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant’s total amount of KRW 24,175,49 (i.e., total amount of KRW 21,144,432 for subrogation payment of KRW 21,031,067 for delay delay payment of KRW 21,14,432 for the amount of subrogated payment of KRW 21,14,432 for the period from December 15, 2016 to January 2, 2017, the delivery date of the original copy of the instant payment order, and the promotion of the lawsuit from the following date to the date of full payment.

arrow