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(영문) 부산지방법원 동부지원 2018.08.29 2017가단2115
구상금
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from February 25, 2017 to August 29, 2018.

Reasons

1. Facts of recognition;

A. On April 6, 2009, the Defendant borrowed KRW 10,000,00 from D as of July 6, 2009 between the Plaintiff and D, and the Defendant made up a certificate of borrowing that the Plaintiff is a joint and several surety.

D on April 27, 2009, after deducting KRW 1,000,000 as the interest on April 27, 2009, remitted KRW 9,00,000 to the Defendant’s deposit account.

B. On October 7, 2009, the Defendant borrowed KRW 10,000,00 from D as of November 7, 2009 between the Plaintiff and D, and the Defendant made up a loan certificate with the content of joint and several sureties by the Plaintiff.

10,000,000 won was transferred to the defendant's deposit account in the name of his father E on the day.

C. D prepared to the Plaintiff a written confirmation of performance that “The Defendant received full amount of debt from the Plaintiff, a joint and several surety, for each of the above loans, and confirmed that each of the above loans was repaid in full.”

[Ground of recognition] Evidence Nos. 1-1, 3, 2-1, 2-2, and 3 of Evidence Nos. 1-1, 2-2, and 3 of this Court, the inquiry results of the IBK Bank and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the recognized portion (the 10,000,000 won based on each loan certificate as of April 6, 2009 and October 7, 2009), the above recognized portion is reasonable to deem that D lent 20,000,000 won to the Defendant based on the above loan certificate, and the Plaintiff subrogated for the Defendant to D with the above loan obligation. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff the indemnity amount of 20,00,000,000 won due to the Plaintiff’s subrogation and damages for delay.

B. Part not recognized (60,000,000 based on the loan certificate issued by September 22, 2009) 1 Plaintiff: (a) on September 22, 2009, D lent KRW 60,000 to the Defendant under the Plaintiff’s joint and several surety; (b) on the ground that the Defendant’s failure to repay it, the Plaintiff subrogated for the Defendant’s above loan obligation to D; and (c) on the part of the Defendant, the Defendant asserted that D subrogated for the Defendant’s above loan obligation.

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