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(영문) 서울서부지방법원 2017.07.25 2017가단203612
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 27,715,325 and KRW 1,407,038 among them. From October 27, 2010 to November 30, 2012.

Reasons

Attached Form

Each fact in the cause of the claim is without a dispute between the parties, or recognized by comprehensively taking into account the respective entries in Gap 1 through 6 (including the serial number) and the overall purport of the pleadings, so the defendants are jointly and severally liable to pay the amount specified in paragraph (1) of this Article to the plaintiff

As to this, the Defendants asserted to the effect that they are not liable to the Defendants since they are all liable to them, and that they may file the instant claim only when the Plaintiff is unable to receive payment from the primary debtor. However, there is no evidence to support the Defendants’ assertion as to the exemption, etc. of the instant obligation, and the joint guarantor is not entitled to the highest and search defense under Article 437 of the Civil Act. Accordingly, the Defendants’ assertion is rejected.

Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.

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