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(영문) 전주지방법원군산지원 2015.02.10 2014가단54118
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,230,057 and KRW 30,230,049 from May 9, 2014 to December 12, 2014.

Reasons

1. According to Gap evidence Nos. 1 through 6 of the judgment as to the cause of the claim, the defendant limited liability company obtained a loan of KRW 30,00,00 from the Nonghyup Bank Co., Ltd. (hereinafter "CF"). The plaintiff entered into a credit guarantee contract with the defendant limited liability company on August 27, 2013, and the defendant Eul jointly and severally guaranteed the obligation under the above credit guarantee contract; the defendant limited liability company did not pay the above principal and interest loan; the defendant limited liability company paid KRW 30,257,169 as the guaranteed obligation to the Nonghyup Bank on May 9, 2014; the plaintiff paid the indemnity amount of KRW 30,230,057 to the defendant limited liability company as of May 9, 2014; the plaintiff's indemnity amount of KRW 30,230,057 (= repayment of guaranteed amount of KRW 30,257,169 - refund of guarantee fee - KRW 27,1208).

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30,230,057 and the amount of KRW 30,230,049, whichever is the date of the performance of the guaranteed liability, to the Plaintiff at the rate of 12% per annum from May 9, 2014 to December 17, 2014, which is the last day of the delivery of the copy of the application for modification of the purport of the instant claim of this case, and the delay damages calculated at the rate of 20% per annum from the next day to the day of full payment.

2. As to Defendant B’s assertion, Defendant B asserted to the effect that it cannot respond to the Plaintiff’s claim because it filed an application for individual rehabilitation with the Incheon District Court 2014da46024, and received the decision to commence individual rehabilitation procedure. However, where a lawsuit on individual rehabilitation claims stated in the list of individual rehabilitation creditors at the time the decision to commence individual rehabilitation procedure was already filed, the lawsuit on such individual rehabilitation claims can be conducted. Since it is apparent that the Plaintiff’s lawsuit in this case was filed on May 22, 2014, which is the transfer of the decision to commence individual rehabilitation procedure, it cannot be said that Defendant B’s individual rehabilitation

Therefore, Defendant B’s above assertion is without merit.

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