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(영문) 광주지방법원순천지원 2019.06.26 2018가단7683
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) was established on May 30, 2006 for the purpose of clothing manufacturing business, etc., and jointly operated by the Plaintiff, the father of the Defendant, D, E, F, G, shareholders, directors, auditors, etc.

B. On February 25, 2009, C obtained a loan of KRW 200 million (hereinafter “instant loan”) from the Korea Technology Credit Guarantee Fund (hereinafter “H”) from the Korea Technology Credit Guarantee Fund (hereinafter “the amount of guarantee”) (hereinafter “the instant loan”), and the Plaintiff, Defendant, E, and G jointly and severally guaranteed a liability for indemnity against C’s technology credit guarantee amount under the said credit guarantee agreement (hereinafter “instant indemnity obligation”).

C. C’s failure to repay the instant loan, the Korea Technology Finance Corporation subrogated the Plaintiff to pay KRW 157,69,394 of the principal and interest of loan to H on March 30, 2012, and then dismissed on May 11, 2012, upon filing an application for payment order (the amount of reimbursement 159,569,394, such as the payment by subrogation, against the Plaintiff, etc. (the amount of reimbursement 2012, Jeju District Court 2012, the amount of reimbursement 1028).

The Plaintiff repaid to the Korea Technology Credit Guarantee Fund totaling KRW 173,890,633 from June 14, 2012 to January 13, 2014.

[Ground of recognition] Facts without dispute, Gap 1 evidence, purport of whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant, etc. is obligated to pay the amount of indemnity to the plaintiff, unless there are special circumstances, since the defendant, E, and G, who is another joint and several surety due to the plaintiff's repayment to the Korea Technology Credit Guarantee Fund, was jointly discharged by the defendant, E, and G, and the defendant, etc. is obligated to pay the amount of indemnity to the plaintiff, barring special circumstances. Thus, the defendant asserts that the defendant is obligated to pay 86,945,310 won (173,890,63 won x 50%) in proportion to the share of the plaintiff and the defendant'

As to this, the defendant and D have paid KRW 90 million to the defendant around January 2012, and the other shareholders, including the plaintiff, are related to C, etc.

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