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(영문) 의정부지방법원고양지원 2015.07.15 2014가합5722
구상금
Text

1. The Defendant’s KRW 125,889,686 as well as the Plaintiff’s annual interest from September 29, 2014 to July 15, 2015, and the following.

Reasons

1. The plaintiff's assertion that he/she is jointly and severally liable with the defendant for a debt to C Co., Ltd. (hereinafter "C"), Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance"), and Korea Hotel L&C Co., Ltd. (hereinafter "Korea L&C") on May 13, 2014; and on May 16, 2014, C's 141,331,847 won; C's debt 70,457,880 won; and C's debt to C's Seoul Guarantee Insurance on May 21, 2014 x 39,989,645 won; and thus, C's liability for damages to C's 251,779,372 won (141,387,747,487,889,879, 879, 197, 207589, 3679, 2089, 3675, 397, etc.

2. Determination

A. First of all, as to whether the Defendant, as a joint guarantor, bears the obligation of indemnity prohibition against the Plaintiff as a joint guarantor, the fact that the Plaintiff and the Defendant jointly and severally guaranteed the obligation to the Plaintiff for the Gyeonggi Credit Guarantee Foundation, Seoul Guarantee Fund, and the Korean Hotel hotel L&C operation, on May 13, 2014; the Plaintiff’s obligation to the Gyeonggi Credit Guarantee Foundation; KRW 141,331,847; KRW 70,457,880; KRW 70,457,880; and KRW 39,989,645; KRW 251,79,7772; KRW 141,379,770; KRW 757,480; KRW 39,89,989; KRW 39,645; KRW 251,79; KRW 3955,655; the Plaintiff cannot exercise the right of indemnity against the other principal obligor’s obligation on his/her behalf.

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