logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.03.19 2014나2030368
구상금(법인격부인)
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. Basic facts

A. The Plaintiff’s loan amount of KRW 100,000,000 on April 22, 1996 to the financial institution on the date of guarantee of principal of the guaranteed principal on the date of guarantee of the contents of credit guarantee lending from the Plaintiff’s credit guarantee terms and conditions for the Plaintiff’s credit guarantee against C shall be KRW 160,000,000 on February 11, 1997, and KRW 200,000,000 on February 11, 1998 (or from the Gyeonggi Bank on February 11, 1998, KRW 30,000,000 on March 10, 198,000,000 on March 10, 1998; KRW 10,000,000 on March 10, 1998; and KRW 10,000,00 on March 10, 198.

B) On August 19, 198, C concluded a credit guarantee agreement and guaranteed C’s obligation to pay loans to each financial institution as follows. (2) On January 28, 1999, C delayed payment of the above loans and caused a credit guarantee accident. The Plaintiff subrogated 314,714,314 won to the Gyeonggi Bank on January 28, 199, and collected KRW 104,695,925 on behalf of the Industrial Bank of Korea on March 31, 199, and collected KRW 697,30 on behalf of the Bank.

3) The plaintiff filed a lawsuit for indemnity claim against D et al. for joint and several liability under C and the above credit guarantee agreement with Seoul District Court Decision 2002Da36097, which stated that "C and D shall jointly and severally pay to the plaintiff 418,932,97 won (220,088 won determined by subrogation for the remaining amount of 418,712,909 won) and delayed payment for the aforementioned amount." After the above decision became final and conclusive on August 17, 2002, the extinctive prescription of the above indemnity claim was imminent; C and D had the completion of the above indemnity claim; C and D filed a lawsuit identical to the claim for indemnity claim under the above indemnity claim agreement with the Seoul Central District Court Decision 2012Da5063086; D shall jointly and severally pay the amount of 420,536,67 won (the remainder of the subrogated payment amount of KRW 418,712,909,939,9819,97.3639,97.20

arrow