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(영문) 서울서부지방법원 2017.04.26 2016가단209927

구상금

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 304,750,319 and KRW 303,448,369 among them. < Amended by Act No. 1408, Feb. 23, 2016>

Reasons

1. Determination as to the claim against Defendant A

A. The part on Defendant A, among the grounds for the claim against Defendant A and B, is as shown in the attached Table 2 of the claim indication.

(b) Article 208(3)3 of the Civil Procedure Act:

2. Determination as to the claim against the defendant B

A. In full view of the overall purport of Gap evidence Nos. 1 through 5 (including additional numbers) and the entire arguments as to the cause of the claim, the facts of the "the cause of the claim against the defendant corporation A and B" can be recognized.

Therefore, barring any special circumstance, Defendant B is jointly and severally liable to pay to the Plaintiff the remainder of subrogation, substitute payment, total penalty of KRW 304,750,319, and the remainder of subrogation amount of KRW 303,448,369, which is the date of subrogation by the Plaintiff, 10% per annum from February 23, 2016 to May 17, 2016, which is the date of final delivery of a copy of the complaint of this case, and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. Determination of Defendant B’s assertion 1) Defendant B’s assertion was a joint and several surety relationship with Defendant A’s representative director on January 15, 2015. Since Defendant B resigned from the representative director on April 23, 2015, Defendant B is no longer liable for joint and several surety since it retired from the representative director on April 23, 2015. In addition, Defendant B’s assertion that the contract for guarantee can be terminated on the ground of change of circumstances, such as comprehensive collateral guarantee or limited collateral guarantee, is limited to the case where the debt amount is guaranteed for a debt arising from an uncertain and continuous transaction, and where the debt amount was guaranteed for a definite debt specified at the time of the guarantee, on the ground of change of circumstances.