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(영문) 전주지방법원 2019.12.12 2019나3724
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 14, 2016 and the following day, C, a partner of the Defendant, took out a loan transaction agreement in the name of the Defendant as indicated below (hereinafter “instant loan agreement”) and the Plaintiff jointly and severally guaranteed the instant loan obligations upon C’s request.

The loan principal interest settlement bank D.D. L.S. Loan Agreement (hereinafter referred to as the “Loan Agreement”) shall annually be 27.9% (27.9% (27.9%) per annum on December 14, 2016, 2016, 3,000,0000,0000,000. 27.9% per annum on December 15, 2016, 2016.

B. C was unable to repay the instant loan from around August 2018, and the Plaintiff, as a joint and several surety, repaid KRW 13,817,274 in total to the lending company during the period from August 9, 2018 to August 29, 2018 as indicated below.

In February 28, 2017, the LAD transferred the loan claim of this case to I (State) around February 28, 2017.

The fact that the dispute between the Plaintiff and the Plaintiff was filed on August 29, 2018, KRW 80,000 on August 13, 2018; KRW 2,894,713 on August 29, 2018; KRW 80,000 on August 9, 2018; KRW 2,604,595 on August 29, 2018; KRW 80,000 on August 29, 2018; KRW 907,912 on August 29, 2018; KRW 00,000 on August 29, 2018; KRW 560,522 on August 29, 2018; KRW 30,00 on August 2, 2018; the purport of the court’s overall order to submit financial transaction information; KRW 731,522,84,201.

2. The assertion and judgment

A. The gist of the parties' assertion argues that the Plaintiff entered into the instant loan agreement with the lending company, and that the Plaintiff, a joint guarantor, subrogated for the Defendant's debt of the instant loan, the Defendant is liable to pay the Plaintiff the amount of indemnity equivalent to the amount of subrogated payment.

As to this, the defendant.

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