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(영문) 광주지방법원목포지원 2016.04.26 2016가단170
구상금
Text

1. As to KRW 41,155,120 and KRW 22,112,079 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 15, 2015 to December 4, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee contract (hereinafter “each of the credit guarantees in this case”) with B as follows, and the Defendant jointly and severally guaranteed the liability for indemnity in accordance with the credit guarantee for the Plaintiff.

Agricultural Cooperative on May 31, 2004, 4,500,000, 90% 5,000,000,000 on May 31, 2007, 31, 2007, agricultural cooperative on February 22, 2010, 222, 10,000,000 agricultural cooperative on February 22, 2010, 10,000,000 agricultural cooperative on August 7, 2008, 110,000 on August 18, 200, 200;

B. According to the instant credit guarantee contract, where the Plaintiff performed the guaranteed obligation, B and the Defendant agreed to pay the amount of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of the performance thereof, and the rate of damages up to December 16, 2012 is 15% per annum and 12% per annum from December 17, 2012.

C. On June 26, 2009, the Plaintiff paid 22,218,273 won by subrogation (hereinafter “the Plaintiff’s claim arising from the repayment of subrogation”) according to each credit guarantee of this case to Nonghyup on June 26, 2009, when the guarantee accident occurred due to delinquency in the repayment of the money borrowed by the agricultural cooperative from the agricultural cooperative. Accordingly, B and the Defendant paid the Plaintiff’s obligation to the Plaintiff (hereinafter “the instant ex post facto reimbursement obligation”).

The instant ex post facto indemnity claim amounting to KRW 22,112,079 in the amount of subrogated payment as of October 14, 2015, and KRW 41,15,120 in total, 19,043,041 in damages.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant, as a joint and several surety of the instant credit guarantee, has served the Defendant with the original of the instant payment order from October 14, 2015 to December 4, 2015, from the date of final interest calculation as to KRW 41,15,120 and the subrogated payment amount of KRW 22,12,079, out of which the Plaintiff as a joint and several surety of the instant credit guarantee.

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