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(영문) 부산지방법원 2015.11.18 2015가단209442
구상금
Text

1. Defendant A pays KRW 1,372,020 to the Plaintiff.

2. The Plaintiff’s claim against Defendant A for final judgment.

Reasons

1. Basic facts

A. On December 28, 2001, the Plaintiff entered into a credit guarantee agreement with Defendant A, and Defendant A received a loan from Nonparty A bank in accordance with the said guarantee agreement.

On May 2, 2003, the Plaintiff subrogated to a corporate bank 50,960,046 won ( principal 49,500,000 won interest 1,460,046) in accordance with the above credit guarantee agreement on June 17, 2003 when a credit guarantee accident occurred.

B. The Plaintiff determined 50,712,686 won as the subrogated principal after deducting 247,360 won recovered from the above subrogated amount of KRW 50,960,046 as the subrogated principal. The Plaintiff filed a lawsuit against the Defendant A for the claim of indemnity amounting to KRW 51,005,757, including 121 won for final delay damages and 292,950 won for legal procedure expenses.

C. On April 11, 2005, the plaintiff was sentenced to a judgment in favor of the plaintiff on April 11, 2005 that "the defendant A shall pay to the plaintiff 51,005,757 won and 50,712,686 won per annum from June 17, 2003 to January 27, 2005, and 20% per annum from the next day to the day of full payment" that "the defendant A shall pay to the plaintiff 18% interest per annum from the next day to the day of full payment." The above judgment was finalized on May 3, 2005.

(hereinafter “instant final judgment”) d.

As of the closing date of the argument in this case, Defendant A’s obligation to the Plaintiff is ① KRW 51,05,757 (the legal procedure cost spent before the final and conclusive judgment of KRW 121,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,00.

E. Defendant B is the head of Defendant A, and is below the real estate listed in the separate sheet owned by Defendant A.

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