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(영문) 서울남부지방법원 2020.08.18 2019가단247778

구상금

Text

The plaintiff's application for intervention shall be dismissed.

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is B Co., Ltd. (trade name before the change: C Co., Ltd.; hereinafter “B”).

(1) On June 5, 2009, the guaranteed amount of KRW 1 billion (hereinafter “1 guarantee”) and KRW 950 million on June 4, 2010 (hereinafter “2 guarantee”) and June 5, 2009, the guaranteed amount of KRW 950 million on June 4, 2010 (hereinafter “2 guarantee”).

(B) A guarantee agreement was concluded with the Industrial Bank of Korea. The Plaintiff and B obtained a loan of KRW 1 billion from the Industrial Bank of Korea as security, and KRW 2 billion as security. The term of guarantee for one guarantee was January 4, 2019; KRW 569,500,000; the term of guarantee for two guarantee was January 4, 2019; and the term of guarantee was changed to KRW 340,000,000. 2) The Defendant jointly and severally guaranteed the Plaintiff’s indemnity obligation.

B. B failed to repay the loans to the Industrial Bank of Korea, and the Plaintiff subrogated to the Industrial Bank of Korea for the performance of the guaranteed obligations on April 18, 2019 (one guarantee KRW 561,231,013, and two guarantee KRW 345,397,772).

C. D (hereinafter “D”) with the consent of November 29, 2019, repaid to the Plaintiff KRW 99,406,341 in total, including subrogated payment, substitute payment, and damages.

[Reasons for Recognition] Facts without dispute, Gap 1 through 9 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. On January 13, 2020, the Plaintiff filed a written withdrawal of the claim for reimbursement with D as to the Plaintiff’s application for intervention.

On February 10, 2020, the Defendant consented to the withdrawal of the lawsuit, and the Plaintiff submitted on April 7, 2020 a written application for acceptance to the effect that D accepts the lawsuit of this case.

This Court served on D on May 18, 2020 a written application for intervention in acceptance and a notice of the date for pleading, and on June 9, 2020, a notice of the date for pleading on June 9, 2020, but D did not submit a written notice to the court even after being served with the written application for intervention in acceptance and the date for pleading.

The issue of whether to accept the instant lawsuit should comply with D's intention, and D does not express any intention.