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(영문) 서울중앙지방법원 2016.04.20 2013가단5179391
구상금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several KRW 240,374,946 and KRW 233,813,346 among them:

B. Defendant C, D,.

Reasons

1. Indication and recognition of the request;

A. On June 15, 1995, the Plaintiff entered into a credit guarantee agreement with Defendant B by setting the guarantee limit as KRW 200 million (hereinafter “the first guarantee”), and Defendant B obtained a loan of KRW 200 million from the National Bank as collateral, and at the time Defendant A and the network G (hereinafter “the network”). At the time, Defendant A and the network G (hereinafter “the network”). (b) the Plaintiff entered into a credit guarantee agreement with Defendant B by setting the guarantee limit as KRW 30 million (hereinafter “the second guarantee”); (c) Defendant B obtained a loan of KRW 30 million from the National Bank as collateral; and (d) Defendant A, at the time, jointly and severally guaranteed the liability for indemnity against the Plaintiff.

C. On December 17, 1998, Defendant B paid each amount of KRW 209,653,424 as to the first guarantee to the National Bank on December 17, 1998, and KRW 31,898,752 as to the second guarantee.

(Then, with respect to the second guarantee of September 27, 1999, the Plaintiff recovered KRW 7,738,830.

The plaintiff filed a lawsuit against the defendant B, A, and the deceased by the Seoul District Court 2003Gadan294715, and was sentenced to the following judgment on December 24, 2003, and the above judgment became final and conclusive around that time.

Defendant A and B jointly and severally with the Plaintiff KRW 234,907,382 and KRW 233,813,346 among them, and Defendant G are jointly and severally with Defendant A and B.

Of the money stated in paragraph (1), 209,653,424 won and the money so paid shall be 20% per annum from December 17, 1998 to December 31, 1998, 18, 18% per annum from January 1, 1991 to October 4, 2003, and 20% per annum from October 5, 2003 to full payment.

E. Meanwhile, the Plaintiff spent substitute payments of KRW 5,467,564 to preserve the claim for reimbursement.

F. Meanwhile, the Deceased died on September 19, 2013, and wife H, children I, and J, the first-class heir, as the Daejeon Family Court’s Support 2013-Ma817.

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