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(영문) 창원지방법원진주지원 2020.03.25 2019가단6344

구상금

Text

1. The Defendants shall, within the scope of inheritance from E, KRW 29,476,201, respectively, and KRW 28,847,871, respectively, to the Plaintiff.

Reasons

1. According to the reasoning of Gap evidence 1-1, 2, and Eul evidence 1-1 and evidence 1-2 as to the cause of the claim, the FF farming association (hereinafter "corporation") was loaned KRW 180,00,00 from the Busan District Office (hereinafter "G association"), Eul, etc. jointly and severally guaranteed the above loan obligations; the plaintiff paid KRW 144,785,806 to G association due to the corporation and Eul, etc.'s failure to repay the above loan obligations; the plaintiff filed an application for the payment order for reimbursement of the indemnity amount with Jinwon Branch 2009,503 as of February 12, 2009 and the above order for payment with KRW 209,500 as of February 17, 2009 (the above order for payment with KRW 147,381,07 and KRW 14,500 as of February 17, 2009, the Defendants were jointly and severally notified to the Plaintiff on 19,305,206.

According to the above facts, since G Union transferred its claims held by the principal debtor corporation, joint guarantor, deceased, etc. to the plaintiff due to the plaintiff's subrogation, the extinctive prescription of claims for indemnity held by the plaintiff to the principal debtor corporation was suspended, and the payment order of Jinwon District Court, Jinwon Branch, Jinwon Branch, 2009j503 was finalized on June 10, 2009, and the interruption of prescription against the principal debtor is effective against the guarantor (Article 440 of the Civil Act). The defendants are from the deceased.

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