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(영문) 서울중앙지방법원 2013.06.11 2013가단38341
구상금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 32,548,081 and the interest rate thereon from February 23, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 2, 2002, A community credit cooperatives lent KRW 15,000,000 to Defendant B under the joint and several guarantee of Defendant C.

B. As of December 30, 2003, Defendant B, as of December 30, 2003, owed to A community credit cooperatives the principal of KRW 15,000,000, interest (including interest in delay), KRW 2,592,450, total of KRW 17,529,450, the principal and interest of KRW 17,529,450

C. On April 2, 2002, A community credit cooperatives lent KRW 12,300,000 to Defendant C under the joint and several surety of Defendant B.

As of December 30, 2003, Defendant C had the community credit cooperatives pay the principal of KRW 12,300,000 as principal, interest (including interest on delay), KRW 3,253,630 as principal, and KRW 15,553,630 as principal, and KRW 15,630 as principal.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 7, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion on December 31, 2003 1.B.

The principal and interest of Defendant B’s loan 17,529,450 won and the above 1.D.

Of Defendant C’s loan principal and interest liability of KRW 15,553,630 as stated in the claim, Defendant C subrogated for KRW 15,018,631, which deducted KRW 534,99,00 from the deposit claim amount of KRW 32,548,081 at the time of Defendant C’s transfer to Defendant C’s community credit cooperatives, and thus, the Defendants extinguished the Defendants’ obligations to Defendant A community credit cooperatives. Accordingly, the Defendants jointly and severally asserted that the aforementioned repayment amount and the damages for delay from the date following the delivery date of the duplicate of the

B. As to the defendants' assertion, the defendants asserted that the above 32,548,081 won was not the plaintiff, but the defendant's representative, and the defendant's representative was set D, and even if the plaintiff's repayment was made, it is not possible to exercise the right of reimbursement since it was performed against the defendants' will without any notice.

C. The following circumstances, i.e., Gap evidence No. 2, Gap evidence No. 5, Gap evidence No. 8, and witness E’s testimony, which can be seen by comprehensively considering the overall purport of the pleadings, are as follows. In light of Gap evidence No. 8, the plaintiff company deposited KRW 32,548,081 on December 31, 2003.

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