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(영문) 광주지방법원 2019.05.31 2018가단534100
구상금
Text

1. The Defendant’s annual interest in KRW 151,382,860 and KRW 138,385,523 among the Plaintiff, from August 3, 2018 to April 11, 2019.

Reasons

1. The facts of the reasons for the attachment of the facts of recognition are recognized since the defendant does not clearly dispute them.

2. According to the above facts of determination, the Defendant, a joint guarantor, is obligated to pay to the Plaintiff the principal and interest of KRW 151,382,860 as the indemnity amount, and the principal of KRW 138,385,523 as the date of subrogation, 10% per annum pursuant to the agreement from August 3, 2018 to April 11, 2019, which is the date of service of the application for modification of the purport of the claim and the cause of the claim in this case, and damages for delay calculated by 15% per annum pursuant to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

As to this, the defendant asserts to the effect that the debtor's secured real estate is in progress at auction under the Jeonju District Court's Gunsan Branch B (C's clerical error), and that the appraised value can be repaid for the full amount of the debt in light of the fact that the amount of appraisal is 1,319,710,800.

The evidence Nos. 1 and 2 (including paper numbers) alone is insufficient to recognize that the obligation to the plaintiff of the principal debtor has been repaid, and the joint guarantor cannot assert the right to defense against the creditor and the right to defense of search under the main sentence of Article 437 of the Civil Act. Thus, the defendant's above assertion is rejected.

3. In conclusion, the plaintiff's claim against the defendant is reasonable, and it is so decided as per Disposition.

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