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(영문) 서울서부지방법원 2015.10.21 2014가합38678
구상금
Text

1. The plaintiff's primary claim against the defendant B and the defendant A are dismissed, respectively.

Reasons

1. Basic facts

A. On April 10, 2006, C, which operated a private business chain, including dental drugs, for the purpose of manufacturing and selling non-pharmaceutical drugs, concluded a credit guarantee agreement with the Plaintiff on the basis of a credit guarantee agreement with the Plaintiff, and received a loan of KRW 40 million from the Industrial Bank of Korea in accordance with the said credit guarantee agreement on the basis of a loan of KRW 40,000,000 from the Industrial Bank of Korea as indicated in the following table, and received money from the same bank.

The loan amount (unit: 40,000,000 on March 24, 2007 and April 14, 2006, the second loan amount (unit: 10,000,000 on April 29, 2012) of the first loan due date (unit: : 40,000,000 on October 28, 201) of the first loan due date (unit: 10,000,000 on October 26, 2010 on October 26, 2012; Amended by Presidential Decree No. 11780, Oct. 126, 2012; Presidential Decree No. 1700, Oct. 26, 2012>

B. On July 27, 2012, the Plaintiff subrogated for KRW 254,275,096, as indicated in the following table, as C loses the benefit of each of the above loans by means of a registration of credit management information, on November 14, 191, when it subrogated for KRW 33,712,768 for the first loans to the Industrial Bank of Korea.

On November 14, 2012, 33, 712, 7682, 27,65, 3513 teas December 27, 2012, and November 14, 2012, 105, 240, 254, 275, 096 in total, 254, 436, 256, 3513 teas December 12, 2012, 105, 240, 436, and 254,275,096

C. On February 5, 2013, the Plaintiff filed a lawsuit claiming reimbursement against C for the payment of the said subrogated amount and rendered a favorable judgment (the District Court Decision 2012Da157384) and the said judgment became final and conclusive around that time.

After all of the above 1,371,477 out of the amount of the third subrogation, the Plaintiff left 183,525,500 won of the principal of the claim for indemnity against C [the amount of the third subrogation - KRW 87,656,541 - the amount of the third subrogation - KRW 105,240,436 of the amount of the third subrogation - KRW 105,240,436].

On the other hand, 7,964,606 won and penalty 221,320 won were incurred in relation to the amount of subrogated payment.

E. Defendant B (the name at the time of incorporation was D, but was changed to the current trade name on August 27, 2012).

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