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(영문) 전주지방법원 2016.06.07 2016가단10485
구상금
Text

1. As to KRW 278,772,834 and KRW 276,298,829 among the Plaintiff, the Defendant shall start from April 30, 2015 to January 31, 2016.

Reasons

1. The facts stated in the separate sheet of claim as to the cause of the instant claim do not conflict between the parties, or are acknowledged in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 5.

According to the above facts, the defendant is obligated to pay to the plaintiff 278,772,834 won and 276,298,829 won of the principal of the performance of the guaranteed obligation, 12% per annum from April 30, 2015 to January 31, 2016, the date of subrogation, and 10% per annum from the next day to March 29, 2016, the agreed interest rate of 10% per annum from the next day to the day of payment, and damages for delay calculated by 15% per annum from the next day to the day of full payment, as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

In this regard, the defendant asserts that the defendant's debt, a joint guarantor, should be repaid equally according to the rehabilitation plan authorized in the individual rehabilitation procedure against the non-party B, who is the principal debtor, but the immunity does not affect the debtor's right to the guarantor (Article 625 (3) of the Debtor Rehabilitation and Bankruptcy Act). Thus, the defendant's above argument is without merit.

2. citing the Plaintiff’s claim for conclusion

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