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(영문) 부산지방법원 2016.07.19 2016가단315634
구상금
Text

1. The defendant shall pay to the plaintiff KRW 24,344,466.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On July 2, 2002, the Plaintiff provided credit guarantee for the principal and interest of loans to be paid by the Defendant by receiving a small and medium enterprise financing loan from an enterprise bank.

B. The defendant did not pay the principal and interest of loan, and the plaintiff subrogated 72,395,150 won to the corporate bank on December 29, 2005.

C. The Plaintiff sought payment of the amount of subrogation and legal procedure costs against the Defendant, and filed a lawsuit for the claim for reimbursement with Busan District Court Decision 2006Da35243, May 17, 2006; the above court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 73,446,300 and delay damages for KRW 72,395,150 among them,” and the above judgment became final and conclusive around that time.

From June 29, 2006, the defendant repaid the indemnity amount according to the above judgment, and the amount of damages for the final delay is KRW 24,344,466.

E. The Plaintiff filed the instant lawsuit on April 21, 2016 in order to interrupt extinctive prescription as the period of extinctive prescription for the claim for indemnity is imminent.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay 24,344,466 won for final delay damages to the plaintiff.

As to this, the defendant asserted to the effect that all of the claims for reimbursement against the plaintiff were repaid, but the defendant's assertion is not accepted as there is no evidence to acknowledge it.

3. Conclusion, the plaintiff's claim of this case is justified.

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