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(영문) 대구지방법원 2017.04.27 2016나8624
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The instant credit guarantee agreement 1) Defendant A entered into a credit guarantee agreement with the Plaintiff on May 3, 2010, stipulating that the principal of the credit guarantee is KRW 30,000,000, and the guarantee period is from May 3, 2010 to April 30, 2015 (hereinafter “instant credit guarantee agreement”).

(3) The loans of KRW 30,000,000 (hereinafter “the loans of this case”) were granted by the Nonghyup-gun Branch of the Nonghyup Bank as security (hereinafter “the loans of this case”).

(2) According to Article 10 of the Credit Guarantee Agreement, when Defendant A performed the guaranteed obligation due to a violation of the principal obligation, etc., Defendant A agreed to reimburse the amount of the guaranteed obligation and the amount of damages for delay calculated at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, and the expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s rights.

The interest rate on delay damages determined by the Plaintiff is 12% per annum from December 5, 2013 to December 12, 2016.

B. On July 2, 2013, Defendant A caused a credit guarantee accident that could not repay the obligation of the instant loan. Accordingly, on December 5, 2013, the Plaintiff subrogated the amount of KRW 14,960,00, interest KRW 411,468, and KRW 15,367,044, which was the sum of the principal of the instant loan and interest KRW 14,960,00,000, and KRW 411,468, and KRW 15,367,044, which was later paid by the Plaintiff to compensate for the claim against Defendant A. (2) The amount remaining after the legal expenses and the amount of subrogation paid by the Plaintiff to compensate for the claim against the Defendant, as indicated in the following table:

(hereinafter “Claims for Reimbursement.” Of the following amounts, KRW 3,604,872 shall be 12% of the respective interest rates; KRW 5,052,152,15,243,304, which occurred on December 5, 2013; KRW 415,954, KRW 15,084, KRW 15,084, and KRW 519 (= KRW 15,367,04 - Partial recovered KRW 282,525) accrued on December 27, 2014 to February 26, 2014; and KRW 3,183,866, which occurred on December 6, 2013 through February 26, 2014.

date of occurrence of the subject.

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