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(영문) 서울중앙지방법원 2019.07.24 2019가합521583
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 20 million and 5% per annum from August 31, 2012 to November 1, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s subrogation (1) Defendant B borrowed KRW 15 million from D on June 4, 2010 as interest rate by 2% per month.

(2) As Defendant B failed to repay the borrowed amount as described in paragraph (1), D, on January 10, 201, prepared a loan certificate with the Plaintiff and the Defendants, whereby the Defendants are the joint borrower of the borrowed amount as the guarantor of the borrowed amount.

(3) On August 24, 2012, the Plaintiff agreed to pay KRW 20 million in total with D as the principal and interest of the loan, and repaid KRW 17 million to D on the same day and KRW 3 million on the same month.

B. From July 2008 to January 201, 2010, the Plaintiff leased a total of KRW 150 million to Defendant B. On January 20, 2010, the Plaintiff prepared a loan certificate with Defendant B, stating that “When Defendant B sells real estate to the Plaintiff, it shall repay to the Plaintiff the amount of KRW 150 million with the principal and interest KRW 50 million (= KRW 150 million with KRW 50 million with the interest KRW 50 million with the interest KRW 50 million with the Plaintiff).”

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

2. Determination as to the cause of action

A. According to the facts of the determination as to the claim for subrogated payment, the Plaintiff, as a guarantor for the Defendants’ obligation to borrow funds by subrogation, acquired the Defendants’ right to indemnity against the Defendants. As such, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 20 million by subrogation and the damages for delay calculated at each rate of 5% per annum under the Civil Act from August 31, 2012 to November 1, 2018, the day following the date when the original copy of the instant payment order was served on the Defendants, as the date when the original copy of the instant payment order was served on the Defendants, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

(b)the obligation unless there is a fact indicated in the subsidiary in the judgment on the claim for the agreed amount (1) in respect of any legal act to which the subsidiary is attached;

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