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(영문) 창원지방법원 2016.01.22 2015가단18728
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff entered into a credit guarantee agreement with the defendant on January 31, 1996 with regard to the cause of the claim and the defendant issued a credit guarantee of 20,000,000 won as the defendant received a loan for agricultural funds from the actual agricultural cooperative on the same day to the actual agricultural cooperative on the same day. After that, the plaintiff paid a total of 26,87,147 won to the actual agricultural cooperative on June 30, 200 upon the plaintiff's request for the performance of the guaranteed obligation by the actual agricultural cooperative, the fact that the plaintiff subrogated to the actual agricultural cooperative on June 30, 200 that the principal amount was paid to the actual agricultural cooperative on June 30, 200 is not disputed between the parties, or there is no dispute between the parties, or that the defendant is liable to pay the plaintiff the principal of subrogated principal amount of KRW 26,87,147 and delay damages

2. The Defendant’s defense is a defense that the Plaintiff’s claim for indemnity had expired by prescription. As such, it is obvious that the Plaintiff’s subrogation on June 30, 200 on the Defendant’s obligation for the Defendant’s loan was filed on August 18, 2015. As such, the Plaintiff’s claim for indemnity had already expired by prescription prior to the filing of the instant lawsuit.

As such, the defendant's above defense is justified.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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