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(영문) 대전지방법원홍성지원 2015.11.24 2015가단9493
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 64,399,650 won and 64,005,009 won among them.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant A is the Seosan Livestock Industry Cooperatives on May 19, 2004 (hereinafter “Seosan Livestock Industry Cooperatives”).

A) Upon receipt of a loan transaction from the Plaintiff, the Plaintiff entered into a credit guarantee agreement with the Plaintiff on the same day, and Defendant B and D jointly and severally guaranteed the Plaintiff’s liability for indemnity against the Defendant. The Plaintiff acquired 1.5% per annum on May 19, 2024 12% per annum on May 19, 2004 4,830,000 won per annum on May 19, 2004, and 12.5% per annum on May 19, 2004 1.5% per annum 5% per annum 1.5% per annum on May 19, 2024 1.5% per annum 50,40,000 won per annum 50,000 won per annum 1.50,50,000 won per annum 19,50,000 won per annum 19,50,000 won per annum 19,636.65% per annum on May 19, 2019.

3) D (hereinafter referred to as “the deceased”).

A) On February 3, 2013, Defendant C inherited the deceased’s property solely on his/her own. [Grounds for recognition] Defendant A and B: (a) Defendant C has no dispute over the facts that there is no dispute, A, 3, 4, and 5 of Article 150(1) of the Civil Procedure Act, and evidence No. 2 (each credit guarantee agreement, and Defendant C’s signature and seal on the deceased’s joint and several liability joint and several liability column for the deceased were forged by a third party. However, according to the purport of the entry and pleading in the evidence No. 3, the deceased’s explanation of joint and several liability from the staff of the Seocheon Livestock Cooperative, and there is no other evidence to acknowledge the forgery. The above Defendant’s assertion is without merit.

(ii) subparagraph (iv) of B, each entry, including each number, and the purport of the whole pleadings;

B. Determination 1) According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendants are jointly and severally liable to the principal debtor or joint and several sureties (the heir is jointly and severally liable to the plaintiff 64,39,650 won and the subrogated payment 64,005.

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