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(영문) 서울중앙지방법원 2016.01.13 2015가단136546
구상금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 54,087,610 and the period from July 30, 2005 to September 8, 2005.

Reasons

Comprehensively taking account of the purport of the arguments in Gap 1 through 5, the plaintiff entered into a guarantee insurance contract for the payment guarantee of rent under a lease contract with the defendant Gap corporation (the insurance period from September 10, 2004 to December 9, 2005; the insurance amount of 78,00,000 won) with the defendant Eul corporation; the defendant Eul, C, and D jointly and severally guaranteed the liability for indemnity under the above guarantee insurance contract with the plaintiff of the defendant corporation; the plaintiff paid 54,087,610 won of the insurance amount to the Korea Land Corporation around July 29, 2005; the plaintiff jointly and severally filed a lawsuit with the defendant for the payment guarantee of rent under the above lease contract with the defendant Eul corporation; the defendant corporation is jointly and severally liable to pay the plaintiff the amount of 54,087,610 won per annum from the following day to October 20, 2005 to the date of expiration of the statute of limitations of contract with the defendant corporation; and

Defendant B and D transferred to Nonparty E, F, and G on August 5, 2005, and transferred to Nonparty A the obligation including the Plaintiff’s obligation related to the Plaintiff’s claim, and thus, the instant claim against the said Defendants was unjustifiable. However, the instant lawsuit is not only for the interruption of extinctive prescription of the final judgment, but also for the interruption of the said judgment, and there is no evidence suggesting that the said succession of the obligation as alleged therein was exempted from liability. As such, the aforementioned Defendants’ assertion is rejected.

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