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(영문) 부산지방법원 동부지원 2018.05.29 2017가단219562
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff 38,990,084 won and 38,940,924 won among them, from February 3, 2004 to May 1, 2005.

Reasons

1. In full view of the purport of each statement in Gap evidence Nos. 1 through 3, the Credit Guarantee Fund filed a lawsuit of indemnity amount of 2007da9881 against Eul and the defendant on the ground of the same claim as in the separate sheet, and on September 12, 2007, "the defendant Eul jointly and severally, 38,940,084 won and 38,940,924 won to the Credit Guarantee Fund, 18% per annum from February 3, 2004 to May 31, 2005, 15% per annum from the next day to June 18, 2007, and 20% per annum from the next day to the date of full payment, and the Credit Guarantee Fund was finally decided as it is, and notified the defendant of the claim for indemnity on June 30, 2015 and the fact that it notified the defendant of the claim for indemnity."

Therefore, the defendant is jointly and severally liable with the plaintiff to pay the amount stated in Paragraph (1) of the Disposition.

2. For this, the defendant asserts that he did not stand joint and several sureties's indemnity obligation, and that the defendant's name and seal stated in the column of joint and several sureties's credit guarantee agreement at the time was forged.

However, such assertion is not permissible because it is against the res judicata of the final and conclusive judgment in the above case, as it was a defense method that existed prior to the closing of argument in the claim for reimbursement case, in the Daegu District Court Branch 2007Gadan9881.

Therefore, the defendant's argument is without merit.

3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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