logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2011.12.16 2011나10213
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. The same shall apply to the corresponding parts of the judgment of the first instance court; and

(2) According to Article 420 of the Civil Procedure Act, the Defendant, the guarantor of the Plaintiff, is obligated to pay to the Plaintiff the amount of KRW 94,405,887 upon the Plaintiff’s claim among the KRW 350,000,000 repaid by the Plaintiff to the council of occupants’ representatives under the instant defect guarantee agreement and the joint and several liability agreement, and damages for delay thereof, as the amount for reimbursement.

3. The defendant's assertion of repayment and judgment thereof

A. Since the Defendant’s assertion that the Plaintiff was the joint guarantor E, etc. among the joint guarantor of the defect guarantee agreement of this case, the amount of KRW 350 million paid to the council of occupants’ representatives is fully repaid and the claim for indemnity of this case was extinguished, the Defendant, the guarantor, cannot respond to the Plaintiff’s claim of this case.

B. The Plaintiff received reimbursement of KRW 287,926,110 (= KRW 280,492,570) in terms of litigation costs, etc. on January 14, 2010, from E, one of the joint and several guarantors of the instant warranty agreement, including KRW 7,43,540 (= KRW 280,492,570, KRW 7,43,540).

(2) On April 7, 2010, the Plaintiff received KRW 16,136,62, including interest 170,978 won on May 17, 201, by receiving KRW 15,965,684 as the claim for indemnity in the case of the compulsory auction by Goju District Court G real estate.

(3) On March 11, 2011, the Plaintiff received KRW 51,296,203 as the claim amount, and received KRW 55,310,310,310,00, including interest KRW 4,014,107, May 17, 201, as the claim amount, in the distribution procedure of H of the Seoul Central District Court.

(4) The Plaintiff received reimbursement of KRW 26,973,022 from E on August 23, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 6, 11, 13, 14, Eul evidence 12 and the purport of the whole pleadings

C. As to the Defendant’s assertion, the Plaintiff received reimbursement of KRW 386,346,104 from E, etc. as the claim for reimbursement of the instant amount (=287,926,110 won).

arrow