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(영문) 부산지방법원서부지원 2019.07.26 2018가단3319
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 55,244,910 and Defendant B with respect thereto from June 11, 2019, and Defendant C with respect to the said amount.

Reasons

1. Basic facts

A. From October 2001, the Plaintiff began to supply the mixing feed for livestock to Nonparty D.

On October 11, 2001, Defendant B and C guaranteed the present and future obligations owed by Plaintiff D to Plaintiff (hereinafter “instant obligations”) due to the mixed feed transactions between Plaintiff and D, limited to KRW 150,00,000.

On November 28, 2001, Defendant B created the right to collateral security (hereinafter “instant right to collateral security”) with the debtor D and the mortgagee as the plaintiff as to the E apartment F in Kimhae-si, Kim Jong-si, 2001, with the maximum debt amount of KRW 40 million.

B. On January 8, 2008, the Plaintiff received dividends of KRW 28,486,002 based on the instant collateral security in the Changwon District Court G real estate auction case.

C. In around 2008, the Plaintiff filed an order for payment of KRW 113,459,013 of the instant debt and delayed payment damages (2% per month) against D and the Defendants as Busan District Court Decision 2008Da10169, and received payment order on April 23, 2008. The payment order was finalized on May 23, 2008.

(hereinafter referred to as “instant finalized payment order”) D.

(1) On October 2010, the Plaintiff received KRW 200,000 from around April 201, and KRW 200,000 from May 16, 2014, the Plaintiff received KRW 41,148,751 as the applicant creditor on the basis of the instant finalized payment order, and KRW 16,65,352 was distributed on June 27, 2014. (e) On February 2, 2018, the Plaintiff again filed an application for the instant payment order to suspend the prescription of the instant debt. [Grounds for recognition] There is no dispute over the instant payment order, and evidence Nos. 1 through 7 (including the entry of the serial number, the purport of the entire pleadings).

2. Determination:

A. According to the above facts of recognition, the defendants as joint and several surety D's debt balance of 5,244,910 won (113,459,013 won 200,000 won 200,000 won 41,148,751 won 16,65,352 won) and this is related to the plaintiff as joint and several surety D's debt balance of this case.

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