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(영문) 서울중앙지방법원 2014.11.07 2012가단5048209

구상금

Text

1. The defendant is jointly and severally with the non-party B as to KRW 56,321,220 and KRW 55,939,080 among them, from April 5, 2012.

Reasons

1. Basic facts

A. The husband B of the defendant (the name before the opening of August 18, 201) requested the bank, which is an institution entrusted with the business of the plaintiff, to provide a credit guarantee with respect to the loan of housing funds from the bank. On June 22, 2007, the bank requested the bank, which is an institution entrusted with the plaintiff's business, to provide a credit guarantee in relation to the loan of housing funds. On June 22, 2007, the bank set the amount of KRW 54 million out of the loans of the above bank, as the principal of the housing financial credit guarantee, entered into a housing financial credit guarantee agreement with the term of the guarantee from June 22, 2007 to June 22, 2011 (hereinafter referred to as the "guarantee agreement of this case"), and then issued the housing financial credit guarantee agreement (credit

B. B secured the said letter of credit guarantee on June 22, 2007, granted a loan of 60 million won from the bank as a loan for housing loans. However, on July 15, 2011, as the bank lost its interest due to delay in the principal and interest of loans on July 15, 201, the bank requested the Plaintiff to discharge the guaranteed obligation based on the said letter of credit guarantee. On April 5, 2012, the Plaintiff paid 5,939,080 won (i.e., principal amount of 54,000,000 + interest of 1,804,560 + expense of 134,520 + expense of 134,520). The additional guarantee fee of 54 million won from June 23, 2011 to April 28, 2012 x 3008,000 won x 2050 x 1305 x 2005 x 20500

C. B applied for the Suwon District Court 201 51930 individual rehabilitation, and the said court decided to authorize the repayment plan on January 10, 2014.

(A) The Plaintiff filed a lawsuit with the purport of asking jointly and severally liable to the Defendant and B, but the Plaintiff withdrawn the lawsuit with respect to B on June 12, 2014, reflecting the aforementioned circumstances. [Grounds for recognition] 【The fact that there is no dispute between the parties, evidence A1 through 5 (including the serial number), the purport of the entire pleadings.

2. Determination:

A. The plaintiff's assertion is that when one side of the married couple performs a legal act with a third party with respect to daily home affairs, the other side is against the obligation arising therefrom.