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(영문) 부산고등법원 2016.04.27 2015나53209
구상금
Text

1. In the judgment of the first instance, the part of the conjunctive claim against the defendant shall be revoked;

2. The plaintiff's ancillary disposition against the defendant.

Reasons

1. The scope of a party member's trial was dismissed by the court of first instance as to the plaintiff's primary claim against the defendant, and only the defendant appealed against the conjunctive claim, and the scope of a party member's trial is limited to the conjunctive claim against the defendant.

2. Facts of recognition;

A. The Plaintiff’s joint Defendant A and B’s claim 1) in the first instance trial is the co-defendant A (hereinafter “A”).

Each credit guarantee agreement (hereinafter referred to as the “each guarantee agreement of this case”) guaranteeing the repayment of loan repayment obligations with each other.

A) Upon entering into a credit guarantee agreement of this case, A has obtained a loan from the Industrial Bank of Korea and Busan Bank, and the first instance co-defendant B (hereinafter referred to as “B”).

(2) As a credit guarantee accident occurred as of January 6, 2014, the Plaintiff subrogated to the Busan Bank Co., Ltd. on March 12, 2014 and the Industrial Bank of Korea on March 13, 2014, for each of the loan principal and interest that A has failed to pay to the Bank of Korea and Busan Bank on September 13, 2013.

The details shall be as follows:

(C) Of the legal procedure costs incurred by the Plaintiff for the preservation, etc. of the above claim for reimbursement, the outstanding amount is KRW 3,143,309, and the overdue interest rate (damage rate) determined by the Plaintiff as of the date of subrogation is 12% per annum from November 16, 201 to the date of payment by subrogation. (1) The Defendant leased the instant real estate from the date of payment by KRW 15,00,000,000,000,000 for KRW 16,039,640,000 for KRW 343,259,640,000 for KRW 349,640 for KRW 640,00 for KRW 2,000 for KRW 16,00 for KRW 15,00 for lease deposit and KRW 15,00 for rent (hereinafter “the instant lease contract”).

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