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(영문) 대구지방법원 2018.11.07 2018나308472
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 21, 2008, the Korea Housing Finance Corporation filed a lawsuit claiming an agreed amount against C Co., Ltd., the Plaintiff, and the Defendant, as Daegu District Court 2008da71800.

On December 11, 2008, the Daegu District Court sentenced the Plaintiff and the Defendant on December 11, 2008, the Plaintiff and the Defendant (principal debtor) to the Korea Housing Finance Corporation in accordance with a credit guarantee agreement, as a joint and several surety for the indemnity obligation (principal obligation) owed by C Co., Ltd. to the Korea Housing Finance Corporation (creditor), and jointly and severally with C Co., Ltd., to pay KRW 26,982,970 to Korea Housing Finance Corporation (hereinafter “relevant first judgment”).

B. The Plaintiff appealed to the relevant judgment of the first instance as the Daegu District Court 2009Na332, and the appellate court became final and conclusive as follows between the Plaintiff and the Korea Housing Finance Corporation.

1. The Plaintiff shall pay KRW 20,000,000 to the Korea Housing Finance Corporation until August 31, 2009.

The Korea Housing Finance Corporation shall waive the remainder of the claim against the Plaintiff when it receives the full payment of the said money from the Plaintiff by August 31, 2009.

2. If the Plaintiff did not pay the full amount of the money stated in paragraph (1) to the Korea Housing Finance Corporation by August 31, 2009, Paragraph (1) shall be null and void. The Plaintiff shall pay KRW 26,982,970 to the Korea Housing Finance Corporation.

However, if the Plaintiff paid money to the Korea Housing Finance Corporation by August 31, 2009, it shall be appropriated for the partial repayment of KRW 26,982,970.

C. Meanwhile, on May 27, 2016, the Defendant filed an appeal for further appeal with the Daegu District Court 2016Na6239 against the judgment of the first instance related to the relevant judgment.

On February 16, 2017, the appellate court partially accepted the defendant's appeal and rendered a decision that the defendant's joint and several liability owed to the Korea Housing Finance Corporation shall be reduced to KRW 13,260,362 from KRW 26,982,970 (the part against the defendant in the judgment of the first instance concerned and the dismissal of the claim against the Korea Housing Finance Corporation as to the cancellation thereof), and the above judgment of the appellate court became final and conclusive.

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