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(영문) 부산지방법원동부지원 2017.04.05 2017가단201356
양수금
Text

1. The Defendants shall jointly and severally pay 196,562,524 won and 87,839,749 won among them to the day of full payment.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the Credit Guarantee Fund entered into a credit guarantee agreement with C on September 11, 2012. The defendants jointly and severally guaranteed obligations under the above credit guarantee agreement; the Credit Guarantee Fund subrogated the principal and interest of 100,767,140 won to the National Bank on February 22, 2006 under the above credit guarantee agreement; the Credit Guarantee Fund shall file a lawsuit against the defendants for the claim for reimbursement against "101,023,640 won among the defendants jointly and severally, and 10,767,140 won among them and 100,767,140 won, and 15% per annum from February 22, 2006 to May 11, 2006 to 209; and the judgment of the defendants shall be delivered to the plaintiff at the rate of 105% per annum, 209, 2094 won per annum, and 2094.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum from July 1, 2014 to the date of full payment to the Plaintiff, the assignee of the claim for indemnity.

In regard to this, the Defendants asserted that Defendant A merely substituted the representative office upon the request of Defendant D, and thus it cannot respond to the Plaintiff’s request. However, such circumstance alone does not affect the establishment of the joint and several liability obligation, and does not exclude res judicata of the above final and conclusive judgment.

Therefore, the defendants' assertion is without merit.

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