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(영문) 서울동부지방법원 2018.07.12 2017가단133551

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 37,772,284 won and 34,815,534 won among them. < Amended by Act No. 8240, Oct. 23, 2006>

Reasons

1. Facts of recognition;

A. On July 7, 2003, the Plaintiff entered into a credit guarantee agreement with Defendant A, and the remaining Defendants jointly and severally guaranteed the liability for reimbursement against the Plaintiff.

B. Defendant A lost the benefit of time due to the Industrial Bank of Korea’s failure to pay the Plaintiff’s loan interest under the Plaintiff’s credit guarantee. On October 23, 2006, the Plaintiff subrogated for the guaranteed liability of KRW 34,815,534 on the above Industrial Bank of Korea.

C. Thereafter, the plaintiff filed a lawsuit against the defendants for the claim for the amount of reimbursement of Seoul Central District Court 2007Da122979 on June 27, 2007 and received a favorable judgment (hereinafter "previous judgment") and the above judgment became final and conclusive as of August 11, 2007 as follows: "The defendants jointly and severally paid to the plaintiff 35,872,534 won and 34,815,534 won among them, 14% per annum from October 23, 2006 to January 22, 207; 16% per annum from the next day to May 17, 2007; and 20% per annum from the next day to the date of full payment."

The defendants did not pay the above amount of judgment until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the defendants are obligated to pay the money stated in Paragraph (1) of the above judgment to the plaintiff.

As to this, the Defendants asserted that the Plaintiff’s claim against the Defendants against the Defendants was extinguished by the completion of the statute of limitations for a short-term period of three years or more as a claim for reimbursement, but as seen earlier, the Plaintiff’s claim for reimbursement against the Defendants was converted into a claim for adjudication money at the final date of judgment in accordance with the previous judgment, and the period of extinctive prescription for judgment money claims is ten years from the final date of judgment. Since it is apparent in the record that the instant payment order was filed on May 24, 2017, which was within ten years from August 11, 2007 when the previous judgment became final and conclusive, the aforementioned assertion by the Defendants is asserted.