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(영문) 서울중앙지방법원 2018.04.26 2017가합570376
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on July 21, 2011 by the Seoul Central District Court Decision 201Hu106950.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) entered into a guarantee insurance contract for Korea Exchange Bank (hereinafter “Korea Exchange Bank”), guarantee for repayment of principal and interest of purchase loan, insurance coverage amounting to KRW 330 million, insurance coverage period from August 2, 2009 to August 1, 2010 with the amount of 85% of the above principal and interest of loan (hereinafter “instant guarantee insurance contract”), and received a loan from Korea Exchange Bank (hereinafter “Korea Exchange Bank”) with the Defendant under a guaranty insurance policy issued by the Defendant.

At this time, the Plaintiff, who worked as the Vice-Minister in B, has jointly and severally guaranteed the liability for indemnity that B bears to the Defendant under the instant guarantee insurance contract with C (Representative Director of B) and D.

(hereinafter referred to as “instant joint and several sureties contract”). (b)

On December 22, 2009, Korea Exchange Bank notified the occurrence of insurance accidents due to the suspension of current account transactions in B, and the defendant subrogated 240,468,671 won to Korea Exchange Bank on February 4, 2010.

C. On July 21, 2011, the Defendant filed an application against the Plaintiff, etc. for a payment order seeking reimbursement for the amount of reimbursement under the instant joint and several guarantee contract, and on August 21, 2011, the payment order was issued to the Plaintiff, etc., and the payment order was finalized on August 11, 2011, that “The Plaintiff shall pay damages for delay calculated at the rate of 15% per annum from January 1, 201 to the delivery date of the original payment order for KRW 281,76,570 and KRW 240,468,671, whichever is jointly and severally with C and D, to the Defendant.”

(hereinafter referred to as “the instant payment order”, and the Defendant’s claim against the Plaintiff based on the instant payment order, “the ground for recognition” is for the entire purport of pleadings. 【The Plaintiff’s claim against the Plaintiff’s claim for reimbursement of reimbursement of the instant payment order” / [the ground for recognition] without dispute, Gap’s entries in the evidence Nos. 1, 2, Eul’s evidence Nos. 1 through

2. The Plaintiff’s determination as to the invalidity of the joint and several sureties contract of this case

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