(영문) 의정부지방법원 2014.12.05 2013나11363

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(영문) 의정부지방법원 2014.12.05 2013나11363

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant B obtained loans of KRW 9,90,000 from the Ministry of Patriots and Veterans on August 28, 1993, KRW 2,00,00 from the Ministry of Patriots and Veterans, KRW 8,387,135 from the Bank of Korea around October 15, 1993, and KRW 8,387,135 from the Bank of Korea around 193, and the network was jointly and severally guaranteed the above loans of KRW 10,349,30 (principal principal interest and late interest of KRW 10,149,970) from the Ministry of Patriots and Veterans on April 10, 195 and KRW 8,643,084 (principal principal, KRW 8,387, KRW 1359,30), interest and expenses for subrogation against the Bank of Korea on a stock company.

3) On March 23, 2001, Defendant C as the owner of Defendant B, jointly and severally guaranteed Defendant B’s liability for reimbursement against Defendant B’s network D. Meanwhile, the network D died on July 10, 201, and the heir was the Plaintiff and E, which were their children.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. The judgment network D is liable to pay the Plaintiff the above amount of the 17,996,192 won (=17,992,384 won x 1/2) equivalent to the Plaintiff’s inheritance share among the 17,992,384 won, excluding the amount of the 1,00,000,000 won paid by the Plaintiff out of the amount of subrogated payment, and the Defendant C is jointly and severally liable to pay the above amount of the 17,996,192,384 won (i.e., 17,92,384 won x 1/2), and the interest and delay damages therefrom.

2. On September 23, 2002, the Defendants asserted that Defendant B’s claim for reimbursement was already extinguished since Defendant B leased the entire G ground building in the name of the wife F to the network D for five years, and that it was a five-year tea in lieu of the repayment of the above claim for reimbursement.

In light of the following: (a) the entry of No. 7, (b) the entry of No. 7, and (c) the examination of the parties against Defendant B by the court of first instance; and (b) the overall purport of the pleading is collected; and (c) the Defendant B is

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