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(영문) 대전지방법원 2018.01.24 2017가단22688

구상금 등

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 86,312,275 as well as KRW 30,000,000 among them, from September 28, 2017.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

3. Part of each Plaintiff claimed damages for delay against the Defendants in advance reimbursement of KRW 56,312,275 per se. However, since the right to advance reimbursement of KRW 56,312,275 is claimed to provide funds for future repayment, it is not possible to claim damages for delay against the amount not yet paid by the trustee guarantor (see Supreme Court Decision 2003Da46758, Jul. 9, 2004). The Plaintiff’s claim for damages for delay against the advance reimbursement is without merit.