(영문) 광주지방법원 2002. 12. 5. 선고 2002가단31693 판결[구상금][미간행]
Credit Guarantee Fund (Attorney Han-soo, Counsel for the plaintiff-appellant)
Ethiopia and five others
November 21, 2002
1. The Plaintiff:
(a) Defendant Lee Hy-soo 31,632,862 and the money indicated in the separate sheet;
(b) the amount of money in accordance with Egye, Egye, Egye, Egye, Egye, Egye, and Egye, 21,088,575 won
C. The amount of money in the attached Form 60,218,925 won and the money in the order of Defendant Lee Jae-soo, Lee Jae-soo, Lee Jae-soo, Lee Lee, Lee Young-ju, Lee Young-ju, and Lee Young-ju
sub-payment.
2. The costs of lawsuit shall be borne by the defendants.
3. Paragraph 1 can be provisionally executed.
The same shall apply to the order.
1. Facts recognized;
[Grounds for recognition: Facts without dispute, Gap 1, Gap 2-1 through 5, Gap 3-1 through 4, Gap 4-1, 2, and 3]
A. Credit guarantee contracts, etc. between the Plaintiff and the fixed number
본문내 포함된 표 대여일자 대출은행 대위변제일 대위변제 금액 연대보증인 ① 1984.6.29. 중소기업은행 1987.4.3. 13,965,238원, 피고 조인순 ② 1985.2.13. 한일은행 1987.2.12. 10,315,909원 피고 조인순 ③ 1986.2.13. 한일은행 1987.2.12. 51,421,418원 ？ ④ 1986.8.11. 광주은행 1987.2.26. 36,951,272원 피고 조인순
(b) Partial repayment and finalized damages of the indemnity; and
② As to the above amount of indemnity, the said amount of KRW 35,287,349 was repaid from October 26, 1990 to June 30, 198; ② the balance of indemnity amount of KRW 9,160,471; ③ the balance of indemnity amount of KRW 17,134,069; ② the fixed delay amount of indemnity amount of indemnity amount of KRW 141,94; ③ the fixed delay amount of indemnity amount of indemnity amount of KRW 38,634; ③ the fixed delay amount of indemnity amount of indemnity amount of KRW 38,634,170.
(c) Interruption, etc. of extinctive prescription;
The plaintiff won the suit for indemnity against the fixed number of the plaintiff and the defendant's order in relation to each of the above credit guarantees (the rate of delayed damages shall be 19% per annum).
(d) Death, etc. of a fixed number;
On the other hand, on April 11, 1998, the fixed number of this case was killed with the left interest of the defendant Lee Dong-sung, Lee Young-chul, Lee Young-ju, Lee Young-ju, and Lee Young-ju, the wife of this case, and the plaintiff filed the lawsuit of this case for the interruption of extinctive prescription.
2. Determination
Therefore, Defendant Lee Lee-soo [31,632,863 won = 115,987,164 + 77,211,050 won + 38,776,114 of the amount of subrogated payment + 38,776,114 + 3/11 of the determined damages}. Defendant Lee Lee Dong-tae, Lee Nam-nam, Lee Dong-ju, Lee Young-ju, and Lee Young-ju [21,988,575 won + 38,76,114 of the amount of subrogated payment + 77,211,00 won + 38,776,114 of the determined damages + 2/11 of the amount of subrogated payment + 60,218,925 won + the amount of subrogated payment under the attached Table 21,000,000 won + 21,0000 won + 38,000 won under the attached Table 36,29416,716
Judges Kim Jong-han