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(영문) 대구지방법원 2017.06.27 2017가단108681
구상금
Text

1. The Defendant’s KRW 90,946,626 and KRW 90,442,386 among the Plaintiff and the Plaintiff’s KRW 15% per annum from February 17, 2012 to November 30, 2012.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 5, the plaintiff did not dispute between the parties, or comprehensively takes into account the purport of the whole pleadings, the plaintiff provided credit guarantee for the defendant's Daegu Bank with the guarantee amount of 90,000,000 won on October 28, 201 and the term of guarantee amount of 27, 201. According to the above credit guarantee agreement between the plaintiff and the defendant, where the plaintiff performed the guarantee obligation, the defendant agreed to pay the plaintiff the amount of subrogated payment, delay damages, penalty, substitute payment, guarantee fee, and fees set forth in the Credit Guarantee Fund Act. However, the credit guarantee accident occurred after the defendant paid to Daegu Bank of Korea on February 16, 2012, the plaintiff paid part of the guarantee amount of 92,587,228 won on behalf of the plaintiff, but collected part of the amount and appropriated it to pay the principal amount of 30%,42,010,214, and 201,214,200.

According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 90,946,626 (i.e., the amount of subrogated payment KRW 90,442,386 plus KRW 93,200,00,000) and the amount of subrogated payment KRW 90,442,386, whichever is the date of subrogation, 15% per annum from February 17, 2012 to November 30, 2012, and 12% per annum from the next day to January 31, 2016, and from the next day to January 31, 2016 to the date when the original copy of the payment order was served on the Defendant, and damages for delay calculated by 15% per annum from the next day to March 16, 2017.

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