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(영문) 서울동부지방법원 2017.06.23 2016가합107170
구상금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 210,000,000 and Defendant A Co., Ltd. with respect thereto from May 10, 2012.

Reasons

1. Facts of recognition;

A. On May 11, 2011, C&C Co., Ltd. (hereinafter “C&C”) entered into a loan agreement (hereinafter “instant loan agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), setting a loan of KRW 11 billion, interest rate of KRW 7.2% per annum, interest rate of KRW 19% per annum, interest rate of KRW 19% per annum, and due date of payment on May 10, 2012 for the purpose of raising funds necessary for the C&D business, and extended a loan of KRW 11 billion per day to Defendant A (hereinafter “the instant loan”). As to the Defendant’s obligations under the instant loan agreement, the Plaintiff acquired the instant loan agreement with priority, and Defendant B and Defendant C Co., Ltd (hereinafter “Defendant C”) jointly and severally guaranteed this.

B. Under the loan agreement of this case, Defendant A would not claim all of the claims for reimbursement against the Plaintiff when Defendant A repaid the loan of this case. In the event that the Plaintiff repaid the loan of this case, Defendant A may claim for reimbursement against the Plaintiff. Defendant A paid damages for delay at the rate of 25% per annum from the date when the Plaintiff claims for reimbursement (including the day on which the day).

C. On May 10, 2012, the maturity date of the instant loan, the Plaintiff subrogated 11 billion won, which is the full amount of the loan, to the Catta Agenda.

[Reasons for Recognition] The entry of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The judgment of this Court

A. Since it is very rare to accept the obligation through a contract with the obligee without the obligee’s request in the overlapping assumption of the obligation, the obligor and the underwriter are in principle a joint and several liability relationship with the obligor, and if there is no subjective joint and several liability relationship because the underwriter did not receive the obligor’s request, it shall be deemed that there is a non-joint and several liability relationship.

In addition, when the debtor jointly and severally liable obtains the repayment and other joint discharge at his own expense, the right to indemnity shall be exercised against the other debtor's share.

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