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(영문) 광주지방법원목포지원 2016.08.10 2015가단10392
구상금
Text

1. The Defendant’s KRW 10,261,890 as well as 5% per annum from September 11, 2015 to August 10, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The defendant on June 1, 2009 (hereinafter referred to as "Seoul Agricultural Cooperatives") shall be the Seoul Agricultural Cooperatives (hereinafter referred to as "Seoul Agricultural Cooperatives").

2) The Plaintiff was granted a loan of KRW 20,000,000 from the due date on June 1, 2012 (hereinafter “instant loan”).

C) In addition, on June 1, 2009, the repayment period of KRW 30,000,000 was determined on June 1, 2012 by the Seoul Agricultural Cooperatives, and C received the loan. The Defendant is a joint and several surety (hereinafter “joint and several surety”) from C’s debt.

(2) On June 3, 2009, the Plaintiff repaid 20,009,863 won and the principal and interest of the Defendant’s debt of the instant joint and several several several liability, and 30,014,794 won and the principal and interest of the instant joint and several liability.

3) On September 3, 2015, the Plaintiff sent to the Defendant a content-certified mail to pay the principal and interest of the instant loan and the joint and several sureties’s debt to the Defendant by September 10, 2015, and the said content-certified mail reached the Defendant around that time. [In the event that there is no dispute over the grounds for recognition, each entry of Nos. 1, 2, and 4, and each order for submission of each of the financial transaction information to the Youngju Agricultural Cooperative of this Court, the purport of the entire pleadings,

B. The repayment by the third party is, in itself, beneficial to the debtor and is recognized as not contrary to its intention, unless there is any counter-proof. In the event that the third party pays for the debtor through the management of affairs, the right to reimbursement is acquired by means of the right to reimbursement of expenses for the management of affairs under Article 739 of the Civil Act (see, e.g., Supreme Court Decision 2011Da68203, Apr. 26, 2012). If the above facts are added to the above facts of recognition in the above legal doctrine, the defendant is obligated to pay to the plaintiff the sum of the amount for the reimbursement of the loans and the joint and several several liability obligations (=20,09,863 won for the loans of this case) and damages for delay, barring any special circumstance.

2. The Defendant’s argument regarding the Defendant is determined on July 19, 2013 by the Plaintiff.

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