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(영문) 대전지방법원 2019.06.27 2018가단230288
구상금
Text

1. The Defendant is jointly and severally with C as to KRW 72,857,121 and KRW 72,685,013 among them, respectively, to the Plaintiff from August 18, 2015 to January 2016.

Reasons

1. In full view of the facts acknowledged by Gap's evidence Nos. 1 through 7 and the whole purport of the pleadings, the facts of the changed cause of the claim can be acknowledged.

2. Determination

A. According to the above facts, the Defendant, a joint guarantor, is jointly and severally and severally liable to pay to the Plaintiff KRW 72,857,121 as well as damages for delay calculated by the ratio of 12% per annum from August 18, 2015 to January 31, 2016, which is the date of subrogation, to KRW 72,685,013 as the subrogated principal, to the Plaintiff, as well as the amount of damages for delay calculated by the ratio of 10% per annum from the next day to November 26, 2018, and damages for delay prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is calculated by the ratio of 15% per annum from the next day to May 31, 2019, to the date of full payment.

(The plaintiff's claim for delay from June 1, 2019 to June 1, 2019 was reduced by 12% per annum.)

The defendant asserts to the effect that the plaintiff's claim is unfair, since C is responsible and repaid while divorced from C after the joint and several guarantee.

The circumstances asserted by the defendant alone are that the defendant's joint and several liability cannot be exempted, and the above argument by the defendant cannot be accepted.

3. citing the Plaintiff’s claim for conclusion

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