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(영문) 부산지방법원동부지원 2020.11.25 2019가단218297

구상금

Text

1. The Defendant and the Plaintiff jointly and severally with Company B, as to KRW 791,467,93 and KRW 703,139,798, among them, shall be jointly and severally with the Plaintiff on January 18, 2018.

Reasons

1. The facts that the judgment of the plaintiff's claim is attached to the annexed sheet and the changed cause of claim (Provided, That "creditor" is the plaintiff, and "debtor" is the defendant) can be acknowledged in full view of the whole purport of the pleadings in the separate sheet Nos. 1 through 9 (including the provisional number).

Therefore, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1, unless there are special circumstances.

2. The defendant's argument that the defendant's right to claim immediately against the defendant, the guarantor, without first claiming against the defendant B, who is the principal debtor, is unreasonable.

However, according to the above evidence, the defendant is acknowledged to be a joint and several surety, not a simple guarantor of the corporation B, and if the principal obligor and the principal obligor jointly bear the obligation, the peremptory notice and the search defense cannot be raised first to the principal obligor (Article 437 of the Civil Act), and the above argument by the defendant cannot be accepted

3. The plaintiff's claim of this case is accepted on the ground of the reasons.

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