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(영문) 대구고등법원 2016.08.24 2016나22012

(시효연장을 위한) 판결금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 25, 2002, the plaintiff filed a lawsuit against the co-defendant B and the co-defendant C of the first instance court, who is the co-defendant A and the defendant's father, and the co-defendant C of the first instance court, who is the mother of the defendant, for the claim for reimbursement of KRW 1,340,552,239 and for the delayed payment damages (the Busan District Court 2001Gadan50940) and rendered a favorable judgment on January 25, 2002, and the judgment became final and conclusive on March 10, 202, and in addition to the amount of the judgment based on the above winning judgment, the plaintiff has the claim for reimbursement by subrogation in accordance with the loan guarantee agreement and the limited transaction guarantee agreement.

B. On May 17, 2006, the Defendant and the Defendant’s representative director entered into a contract with the Plaintiff on the assumption of the obligation to take over the above judgment amount and the obligation on behalf of the Plaintiff, which the Plaintiff bears against the Plaintiff (hereinafter “the counter debt assumption contract of this case”), and entered into an overlapping contract on the assumption of the obligation (Evidence No. 2) with the following content.

I (hereinafter referred to as "B") and J (Defendant) of the Housing Guarantee Co., Ltd. (Plaintiff) Seoul Gangnam-gu Branch (hereinafter referred to as "A") shall enter into a contract with the following terms and conditions: (a) the obligor A (hereinafter referred to as "A") and C of "A"; and (b) the obligation they bear; and (c) the obligation they bear:

- - The principal of the principal of the principal of the principal of the principal of the claim for reimbursement by subrogation (units: the principal) divided into the claims for reimbursement by subrogation (units: 1,331,9,89,889 305,060 1,332,294,949 (the fine for negligence as of May 8, 2006) (as of May 8, 2006) 1,936,709,309, 1,936,709, 309, 3,268,69, 198, 305,060, 269, 04,258

2. Details of acquisition;

(a) “B” and “J (Defendant) shall assume the above obligations in parallel and jointly with “A” and jointly with “B and C” of “A”;

(b) “B” and “J (Defendant)” shall be the contractor for the construction of treatment Co., Ltd. in respect of which “B” is the total debt acquisition amount (1,700,000,000).