(영문) 수원지방법원 2017.08.18 2016나70871

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(영문) 수원지방법원 2017.08.18 2016나70871

구상금

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1. The part concerning the network B of the judgment of the court of first instance is modified as follows:

The plaintiff is inherited from the deceased B.

Reasons

1. Facts of recognition;

A. On January 31, 1994, the Plaintiff entered into a credit guarantee agreement with A to set the credit guarantee principal limit of KRW 28,50,000, and the term of guarantee until July 31, 2001. On the same day, the Plaintiff issued a credit guarantee agreement with A to Non-Party national bank with the guarantee amount of KRW 28,50,000, and the term of guarantee until July 31, 2001.

B. On January 31, 1994, a national bank extended a loan to A with the maturity of KRW 28,500,000 for a corporate facility loan as a security until July 31, 2001.

At the time of the above credit guarantee agreement, B agreed to reimburse the Plaintiff for the expenses incurred in exercising or preserving the Plaintiff’s guaranteed liability and other rights.

C. A, on May 19, 197, lost the benefit of the time limit for the above loan on the account of the party branch, and on March 26, 1999, the Plaintiff delayed to pay the principal and interest of 30,652,885 won (interest of 24,240,000 won and interest of 5,73,885 won) due to the first guarantee to the National Bank on March 26, 199, and on the same day, the Plaintiff performed the guaranteed obligation by subrogation to the National Bank.

On September 4, 2003, the Plaintiff filed a lawsuit against A and B with Seoul District Court Decision 2003Kadan16636, and sentenced that “A and B shall jointly and severally pay to the Plaintiff 30,803,505 won and 30,652,885 won with 18% interest per annum from March 26, 199 to the date of full payment,” and the judgment became final and conclusive.

E. B died on August 21, 2015

(hereinafter “the deceased”). The deceased’s heir is the Defendant, D, and E, a child, and the Defendant took over the instant lawsuit.

F. The Defendant was tried to accept a report on the recognition of the deceased’s property by the District Court Decision 2016Ra1837, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 to 12 (each number is included), the purport of the whole pleadings

2. Determination as to the cause of the claim.

유사 판례

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-서울중앙지방법원 2017.11.10 2016가합567298

-서울중앙지방법원 2015.04.29 2014가합545287