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(영문) 대구지방법원 포항지원 2017.01.10 2016가단6437
청구이의
Text

1. The Defendant’s payment order for the claim against the Plaintiff was based on the Daegu District Court Branch Order No. 2015 tea 460.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are private villages.

The deceased C(Death of March 16, 2007) is the defendant's set and the plaintiff's lodging.

D is the council of the plaintiff and the defendant.

B. On May 29, 200, the net C jointly and severally guaranteed the above loan obligations at the time that Dong C obtained a loan of KRW 30 million from the Pohang Livestock Agricultural Cooperative.

C. On March 7, 2005, the Defendant paid the total amount of KRW 34,474,824 (hereinafter “instant indemnity amount”) to the Port Livestock Agricultural Cooperative on behalf of the deceased as joint and several surety C’s children after undergoing the consent procedures, etc. by D and the creditor, the primary debtor of the said loan obligation, and after having obtained the consent procedures by the Port Livestock Agricultural Cooperative, etc.

On the other hand, with respect to the claim for indemnity against D by the deceased C or the defendant, which was considered to have been damaged by subrogation following the joint and several liability of the above loan, the plaintiff jointly and severally guaranteed the above D on January 27, 2005.

E. On March 19, 2015, the Defendant filed an order to pay the instant indemnity amount with D and the Plaintiff for the payment of the Daegu District Court Branch of 2015 tea460, and issued a payment order (hereinafter “instant payment order”) stating that “D and the Plaintiff jointly and severally paid to the Defendant 34,474,824 won and the amount calculated by the rate of 5% per annum from March 8, 2005 to the date of service of the original copy of the instant payment order, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”).

On April 28, 2015, the Plaintiff was served with the original copy of the payment order, but did not raise an objection, and the above payment order was finalized on May 13, 2015.

F. Meanwhile, D, on the other hand, served the original copy of the above payment order on May 8, 2015 and filed an objection on May 8, 2015, and served as a litigation procedure in the Daegu District Court Branching District Court Branching 2015Kadan4779, and the said court, on October 20, 2015, filed a defense for the completion of extinctive prescription. The instant claim for indemnity against D against D was due to the occurrence of March 7, 2005, for which the Defendant subrogated for the Defendant’s loan obligation.

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