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(영문) 부산지방법원 2015.11.26 2014가단600
구상금
Text

1. The Defendant’s KRW 10,082,00 for the Plaintiff and KRW 1% for each month from June 1, 2012 to November 26, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the father of Nonparty D who worked as the factory site from June 1993 to “C” operated by the Defendant.

B. In the process of concluding a lease agreement with the National Lease Co., Ltd. (hereinafter “National Lease”) for the purchase of equipment, the Defendant offered a club to D (see, e.g., the cause of the instant complaint) and requested the Plaintiff, who is his father, to provide a joint and several surety.

Accordingly, the plaintiff jointly and severally guaranteed the obligation that the defendant bears to the national lease under the above lease agreement.

C. On February 14, 1999, the Plaintiff paid 39,526,746 won to the national lease on the part of the Plaintiff’s real estate (Seoul District Court Seo-gu Branch Branch of the Seoul District Court 98Kadan34697) due to the Defendant’s failure to pay rent.

Considering the fact that the Defendant’s real estate was provisionally attached to the Plaintiff’s real estate due to the payment of rent for subrogation, the Defendant agreed with the Plaintiff to reimburse KRW 40,000,000 that the Plaintiff actually subrogated to the Plaintiff as the amount of indemnity, but to pay the amount by adding 1% interest per month thereto.

E. In accordance with the above agreement, the Defendant paid the Plaintiff the principal amount of KRW 30,000,000 out of the principal amount of KRW 40,000,000, and paid the interest on KRW 10,000 of the remainder of the principal amount until June 2008.

F. Meanwhile, between January 5, 201 and August 6, 2013, the Defendant paid to the Plaintiff KRW 5,58,000 as indicated in the following table (hereinafter “interest payment table”).

The amount paid on January 5, 201 80,000 on January 3, 201; 300,000 on December 3, 2012; 250,000 on May 18, 2011, 20, 300,003 on April 11, 201; 408,000 on April 30, 201; 30,000 on February 30, 2013; 40,6. 30,00 on February 30, 200 on May 340, 200, 200 on May 340, 200, 111, 2000; 5. 30,00 on May 340, 200, 200 on March 11, 2013;

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