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(영문) 대전고등법원 2020.01.09 2019나13405
구상금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

The Defendants jointly and severally against the Plaintiff KRW 31,627,380.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement and the Plaintiff’s subrogation 1) between the Defendants, etc., and the Defendant A Co., Ltd. (hereinafter “Defendant A”) on July 6, 1994

) E Co., Ltd. (hereinafter referred to as “E”);

() The Plaintiff guaranteed the same obligation as the monetary obligation owed to the above financial institution by receiving a loan from the above financial institution within the scope of the Plaintiff’s “principal principal of KRW 100,00,000, and the period from July 6, 1994 to July 6, 1995.” The credit guarantee agreement between Defendant D and Defendant B, and others, the representative of Defendant A, to guarantee the Defendant A’s obligation, and the credit guarantee agreement between Defendant A and Defendant B, etc., to guarantee the Defendant A’s obligation, and the Defendant AF (hereinafter “F”) on July 6, 1995.

() The Plaintiff guaranteed the same obligation as the monetary obligation to be borne by the said financial institution by receiving a loan or benefit from the said financial institution within the scope of the Plaintiff’s “principal principal of KRW 100,000,000, and the period from July 6, 1995 to June 22, 1996.” However, all of the credit guarantee agreements under which Defendant A, the representative of Defendant A, Defendant B, and Defendant C, etc., jointly and severally guaranteed the obligation of Defendant A (hereinafter referred to as the “instant credit guarantee agreements”).

2) Upon Defendant A’s having received money from E and F and not repaid it, the Plaintiff entered into a credit guarantee agreement of this case on April 30, 1997, and KRW 75,920,547.

4. 28.F subrogated 9,276,972 won.

B. The judgment of this case and the plaintiff's partial recovery 1) The plaintiff claimed against the defendants et al. the compensation amount of KRW 77,407,076 due to each subrogation under the Daejeon District Court Decision 97Da45829, which is: (i) the substitute payment of KRW 75,920,547 (=the principal payment of KRW 75,920,547); (ii) damages for delay of KRW 75,920,547 of the principal payment; and (iii) the damages for delay of KRW 99,79,790,670 of the principal payment of KRW 99,276,972 (the principal payment of KRW 9,276,972) and the damages for delay of KRW 9,276,972 of the F principal amount of KRW 99,276,972, Jul. 15, 1998.

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