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(영문) 부산지방법원동부지원 2017.12.14 2017가합710

채무부존재확인

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

Plaintiff

A is the representative director of Non-Party C Co., Ltd. (hereinafter referred to as “Non-Party C”), and Plaintiff B is the wife of Plaintiff A.

1) The defendant Credit Guarantee Fund concluded a credit guarantee agreement between the non-party company as listed in the following table, and the plaintiffs jointly and severally guaranteed the non-party company's liability for indemnity against the defendant Credit Guarantee Fund at the time of the above credit guarantee agreement. On February 27, 1999, the defendant's credit guarantee fund collected part of the loan interest and interest of the non-party company on August 25, 2009 from the financial institution as collateral in subrogation of the loan amount of the non-party company up to February 26, 200 (up to February 26, 2001) and the repayment amount of non-party company was 30,000,000,000 won and interest on August 24, 2000. < Amended by Presidential Decree No. 16543, Aug. 3, 1998; Presidential Decree No. 17035, Aug. 19, 200; Presidential Decree No. 170650, Aug. 39, 2005>

3) On November 14, 2001, the Defendant Credit Guarantee Fund filed a lawsuit claiming the remainder of the claim amount which has not been recovered against the non-party company and the plaintiffs, and received a favorable judgment (2001dan209683) at the Seoul District Court. The above judgment became final and conclusive on December 7, 2001. Thereafter, the Defendant Credit Guarantee Fund filed a lawsuit claiming the above indemnity amount against the non-party company and the plaintiffs on October 13, 201 for the extension of the extinctive prescription period based on the above favorable judgment, and was sentenced to a favorable judgment (No. 201Ga369546) at the Seoul Central District Court on January 11, 2012. The above judgment became final and conclusive on January 27, 2012) and the joint and several surety obligation of the Plaintiffs against the Defendant Credit Guarantee Fund as of June 1, 2017 are as follows.

A, B, 117,389,618 won 288,471,254 won 405,860,872 won A, which is the total amount of principal and damages for delay on the date of subrogation of the debtor, shall be the total amount of principal and damages for delay on December 29, 200, A, and B, KRW 572,292 won 572,292 won 572,292 won A, and B, July 31, 200.