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(영문) 서울중앙지방법원 2019.07.09 2018나52800
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant on June 15, 2005 against B Bank on the ground of the credit guarantee agreement with the defendant on April 10, 2002, which was rendered on June 22, 2007, that "In order to pay damages for delay calculated at the rate of 14,640,814 per annum of 14,621,484 per annum from June 15, 2005, the date of subrogation, to October 31, 2007, the delivery date of a copy of the complaint from June 15, 2005, to October 31, 2007, the payment date of damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment."

(Seoul Central District Court 2007 Ghana1810464, hereinafter referred to as "the judgment of the previous suit of this case"). (b)

On October 31, 2007, the Defendant received and served a notice of a copy of the complaint and the date of pleading of the previous suit of this case directly. On May 20, 2008, the judgment of the previous suit of this case was served on the Defendant by means of service by public notice and became final and conclusive on June 3, 2008.

C. On May 28, 2018, on the ground that the judgment of the previous suit was served on the Defendant by public notice, the Defendant filed a subsequent appeal against the judgment of the previous suit in the instant case, but the Defendant was above the Defendant.

On March 22, 2019, a judgment dismissing an appeal was rendered on March 22, 2019 on the ground that a duplicate of the complaint and a notice of date for pleading was served

(Seoul Central District Court 2018Na41008, currently being pending in the final appeal). D.

At present, the remaining amount of the amount of the claim according to the judgment of the previous suit in this case is 8,071,90 won of the principal of the subrogated principal and 12,435,119 won of the delayed payment (the amount of the recovered principal of the subrogation shall be as shown in the attached Form).

[Ground of recognition] Facts without dispute, Gap 1 through 7, the purport of the whole pleadings

2. According to the above facts of determination, the defendant's total amount of principal and interest on subrogation to the plaintiff KRW 20,507,109 and the principal amount of KRW 8,071,90 among them, June 15, 2005.

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