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(영문) 의정부지방법원 2017.09.12 2017가합53088

구상금

Text

1. The defendant shall pay 39,079,346 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

Description of Claim

Attached Form

same as the reasons for the claim.

Article 208(3)1 of the Civil Procedure Act (Article 208(3) of the Civil Procedure Act) provides that the plaintiff shall exercise the right of advance reimbursement to the defendant who is the principal debtor and claim damages for delay in the advance reimbursement itself. However, since the right of advance reimbursement is a claim for the provision of funds for future repayment, the trustee guarantor may not claim damages for delay with respect to the amount which has not yet been paid (see Supreme Court Decision 2003Da46758, Jul. 9, 2004). The plaintiff's damages for delay are without merit.