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(영문) 서울중앙지방법원 2015.07.09 2014가단262479
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On June 1, 1998, the network C obtained a loan of KRW 100,000,000 from the ES Savings Bank (hereinafter “ES Savings Bank”) at the rate of 27% per annum on June 1, 1999, and the Plaintiff and D jointly and severally guaranteed the net C’s loan obligations to ES Savings Bank.

B. On January 27, 2011, the court rendered a judgment that “the Defendant, the Plaintiff, and D shall jointly and severally pay ES Savings Bank an amount equivalent to 60,778,953 won and 27% per annum from June 29, 2002 to the full payment date” against the Defendant, the Plaintiff, and D, the sole heir of the network C, as the Incheon District Court 201da68953, and the above judgment became final and conclusive around that time.

【Ground of recognition】 The fact that there is no dispute, A1, and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff's assertion is a joint and several surety, and the creditor is liable for the debt under the above judgment against the Es Savings Bank, and the Es Savings Bank may enforce compulsory execution against the plaintiff at any time. Thus, the defendant is entitled to claim the amount stated in the claim as the advance reimbursement.

B. Comprehensively taking account of the overall purport of the arguments in Eul-1’s statement, the Defendant concluded on May 25, 201 that he/she repaid KRW 45,000,000 to the ES Savings Bank and that the debt of the above loan (judicial debt) was terminated between the ES Savings Bank and the ES Savings Bank.

According to the above facts, since the defendant's principal obligation has ceased to exist and the plaintiff's joint and several surety obligation has ceased to exist, the plaintiff's assertion on the premise that the plaintiff's joint and several surety obligation exists.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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