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(영문) 대구지방법원 2019.08.16 2019가단124212
구상금
Text

1. As to KRW 493,480,842 and KRW 488,949,553 among the Plaintiff, the Defendant shall start from December 27, 2018 to March 31, 2019.

Reasons

1. Comprehensively taking account of the purport of each evidence evidence Nos. 1-6, the Plaintiff entered into a credit guarantee agreement with the Defendant on November 15, 2013 with respect to the obligation to return the principal and interest of loans that the Defendant would have received from the Industrial Bank of Korea. ② The Defendant borrowed KRW 1.8 billion from the Industrial Bank of Korea on November 20, 2013 based on the said credit guarantee agreement, but the Defendant lost the benefit of the said loan. The Plaintiff, on December 27, 2018, discharged subrogated payments of KRW 48,949,53 to the Bank of Korea on December 27, 2018; ③ Accordingly, it is acknowledged that the Defendant paid penalty of KRW 1,31,50, 31,500, 3,199,789, etc.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 493,480,842 (=488,949,553 won, KRW 1,331,500, KRW 31,509, and KRW 488,99,553, which is the date of subrogation, 10% per annum from December 27, 2018 to March 31, 2019, the agreed delay damages amounting to KRW 488,949,553, which is the date of subrogation, and the agreed delay damages amounting to 8% per annum from the following day to May 29, 2019, the agreed delay damages amounting to 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until May 31, 2019, and damages for delay from the next day to the date of full payment.

2. Conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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