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(영문) 서울중앙지방법원 2017.11.29 2017가단74581

구상금

Text

1. The defendant shall be jointly and severally liable to the plaintiff for KRW 50,246,575 and KRW 50,000,000 among them.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff and the debtor" are deemed to be "the defendant," and the payment order for the debtor Haacom Co., Ltd. was finalized). [The grounds for recognition] The entries in the evidence Nos. 1 and 6 and the purport of the whole pleadings.

B. As to this, the defendant asserts that it is unfair to demand the guarantor to pay the full amount without notifying the principal debtor, even though the plaintiff did not comply with the demand of the guarantor continuously from the time when one month elapsed since the date of entering into the guarantee insurance contract of this case.

However, there is no evidence to acknowledge that the defendant has a contractual or legal right to demand the replacement of guarantor under the guarantee insurance contract of this case, and the joint guarantor does not have the highest and search right under the main sentence of Article 437 of the Civil Code, and the defendant's assertion is not acceptable in the end.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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