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(영문) 서울중앙지방법원 2020.11.10 2020가단5250595
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 47,722,267,345 and KRW 10,859,081,838 among them.

Reasons

1. The facts as stated in the separate sheet concerning the determination of the cause of the claim (Provided, That the "creditor" shall be "Plaintiff", and the "debtor" shall be "Defendant" shall be deemed to be "Defendant") shall be acknowledged either as having no dispute between the parties, or as a whole by considering the whole purport of the pleadings in the separate sheet Nos. 1 through 6, 10 and 13 (including the serial numbers).

According to the above facts, the defendants are jointly and severally liable to the plaintiff 47,72,267,345 won (i.e., the balance of the subrogated amount 35,041,904,278 won, additional guarantee fees of 12,222,386,327 won) and 10,859,081,838 won as of the day following the date of payment by subrogation from April 25, 2001 to 15,48,90,335 won per annum from the day after June 30, 201 to 20.1.6% per annum from the day after the 206.6% per annum from the day after the 201.6% per annum to the day after the 20.6% per annum from the day after the 201.6% per annum of this case to the day after the 20.18% per annum from the day after the 20.18% per annum of this case, 2015% per annum from the day after July 18.

2. The assertion and judgment of extinctive prescription

A. The Defendants asserted that the statute of limitations expired prior to the filing of the instant lawsuit that the Plaintiff’s claim for reimbursement had already been completed.

The period of extinctive prescription of the claim acquired by the plaintiff as a result of the discharge of the guaranteed obligation is the transfer of commercial claim.

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