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(영문) 서울남부지방법원 2017.05.30 2016가단42279

구상금

Text

1. The Defendant’s KRW 6,771,943 as well as the Plaintiff’s annual rate from December 13, 2016 to May 30, 2017, and the following.

Reasons

1. Facts of recognition;

A. On November 16, 2008, C Cooperatives (hereinafter “Non-Party Cooperatives”) held a general meeting on November 16, 2008 and confirmed that the obligations owed by Non-Party Cooperatives until then are as shown in the attached Form.

(hereinafter referred to as the “instant debt”). B.

On December 19, 2010, the non-party union held a general meeting on December 19, 2010 and confirmed that the debt of the non-party union up to that time was KRW 81,527,661, and the debt of the union up to that time KRW 356,080,994.

C. Eight persons, including the Plaintiff, the Defendant, the F, G, H, I, D, and J, were jointly and severally guaranteed the instant debt owed by the Nonparty Union on several occasions, including May 23, 2009, January 23, 2010, and November 30, 2010.

As a result of the performance of the joint and several liability for the instant debt, the Plaintiff paid KRW 50 million to D, ① KRW 15 million on May 8, 2014, KRW 14.5 million on May 14, 2014, KRW 30 million on June 30, 2014, ② KRW 50 million on November 7, 2014, and KRW 15 million on December 12, 2016, respectively.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 25, and the purport of the whole pleadings】

2. The assertion and judgment

A. The Plaintiff’s assertion at the meeting of November 16, 2008, because the instant debt of the Nonparty Union was KRW 485,022,871, the joint and several sureties agreed to provide joint and several sureties for KRW 500 million. The Plaintiff paid KRW 15,00,000 to the Plaintiff’s share amounting to KRW 62.5 million (50,000 ± 8 joint and several sureties) by paying the Plaintiff’s share amounting to KRW 52,50,000,000,000 (52.5 million ± 52.5 million ± 7 joint and several sureties) and the Defendant is liable to pay the amount calculated at the rate of KRW 15% per annum from December 13, 2016 following the date on which the Plaintiff’s repayment was made to K.

(The plaintiff did not reduce the purport of the claim). (b)

Judgment

1. First of all, as to whether joint and several sureties including the plaintiff and the non-party partnership jointly and severally guaranteed the debt of this case within the limit of 500 million won, and as to the entry of Gap evidence 2, the debt of the non-party partnership confirmed as of November 26, 2008 is 485,02.