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(영문) 부산지방법원동부지원 2017.07.21 2017가합101897
양수금
Text

1. As to the Plaintiff KRW 500,000 and its KRW 443,500,000 among them, the Defendant shall pay to the Plaintiff KRW 500,000 from August 30, 201, KRW 56,50,000.

Reasons

1. Facts of recognition;

(a)The Credit Guarantee Fund has entered into a credit guarantee agreement with the Defendant and issued a letter of credit guarantee:

Each credit guarantee agreement contains a provision that the defendant shall pay the plaintiff the amount of subrogated and the amount of damages for delay in accordance with the prescribed interest rate until the date of full payment, and other incidental obligations, if the defendant delays the repayment of the amount of subrogated and the amount of goods.

On April 17, 2000, July 14, 2000, the limit of 300,000,000 594,000,000,000,000 1,000,000,000,000 of other ordinary loan loans and other liabilities under a bill issued by the Defendant of the ordinary loan, as of April 14, 2009, shall be subject to the Daegu Bank of Daegu Bank of the Guarantee Bank of Korea, Daegu Bank: Pool iron

B. In accordance with each credit guarantee agreement, the Defendant received each loan from the Daegu Bank in the amount of KRW 300,000,000 on April 29, 199 and KRW 660,000 on April 18, 200, and issued a promissory note of KRW 100,000,000 on July 14, 200 as the due date on July 13, 200.

C. The Defendant delayed the repayment of loans and bills, and the Credit Guarantee Fund paid 842,124,945 won in total by subrogation to the Daegu Bank, and 100,000,000 won in bills and notes respectively, in accordance with the credit guarantee agreement above.

The Korea Credit Guarantee Fund filed a lawsuit against the Defendant, E, and F for the claim for reimbursement against the Seoul Western District Court 2006da61522, as to the total amount of KRW 893,068,753, and damages for delay, which is the sum of KRW 885,04,752, fixed amount of damages, KRW 6,572,631, substitute payment, KRW 182,540, and penalty KRW 1,268,830, and damages for delay.

The above court held on January 2, 2007 that "the defendants jointly and severally pay to the Korea Credit Guarantee Fund the amount of KRW 893,068,753 and KRW 785,04,752 from August 30, 2001 to May 31, 2005, the amount of KRW 18% per annum from August 31, 2001 to May 31, 2005, the amount of KRW 15% per annum from June 1, 2005 to December 1, 2006, and the amount of KRW 20% per annum from the next day to the day of full payment (hereinafter "the amount of indemnity of this case")."

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