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(영문) 서울남부지방법원 2017.11.30 2017가단247774
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 88,831,763 and KRW 86,985,227 from February 22, 2005 to May 2005.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against Defendant A, a principal debtor under the credit guarantee agreement, and Defendant B and C, a joint guarantor thereof, with the Seoul Central District Court Decision 2007Da241504, Oct. 12, 2007, the Plaintiff was sentenced to the judgment that “C shall jointly and severally pay to the Plaintiff 87,003,032 won and 87,002,977 won as to the Plaintiff, with 14% per annum from February 22, 2005 to May 21, 2005, 16% per annum from the next day to August 26, 2007, and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on October 8, 2007.

(hereinafter referred to as "previous Judgment"). (b)

After the previous judgment, the plaintiff recovered KRW 17,750 and appropriated it to the principal, and the balance of the principal of the judgment in accordance with the previous judgment remains (=87,002,977 - 17,750 won).

Meanwhile, in the process of recovery, 31,476 won has been claimed from the date of subrogation to the date of recovery, and the total amount of 1,815,060 won has been incurred.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the Plaintiff applied for the instant payment order for the extension of the extinctive prescription period of the claim established by the previous judgment, there is a benefit in the lawsuit as a re-litigation for the interruption of extinctive prescription, and the Defendants are obliged to pay the amount of final and conclusive damages and substitute payments additionally incurred

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 88,831,763 (amounting to KRW 86,985,227 fixed amount of subrogated payment, KRW 31,476, KRW 1,815,060) and the amount of subrogated payment of KRW 86,985,227 each year from February 22, 2005 to May 21, 2005; KRW 14% per annum from the next day to August 26, 2007; and KRW 20% per annum from the next day to the date of full payment.

3. Conclusion, the Plaintiff’s Defendants.

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