(영문) 서울중앙지방법원 2015.01.14 2014가단144199

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.01.14 2014가단144199

청구이의

Text

1. The Seoul Central District Court 2013Gaso807947 rendered a decision on the Defendant’s recommendation of performance for the claim for reimbursement against the Plaintiff.

Reasons

1. Basic facts

A. On September 22, 2003, the Plaintiff borrowed KRW 30 million from C, and the Defendant guaranteed the Plaintiff’s above obligation against C.

B. On April 6, 2005, the Defendant repaid to C the above guaranteed liability of KRW 10 million.

C. On October 10, 2013, the Defendant filed a claim against the Plaintiff for reimbursement with the Seoul Central District Court 2013 Ghana807947, and the said court rendered a decision on performance recommendation (hereinafter “the instant decision on performance recommendation”) to the effect that “the Plaintiff shall pay to the Defendant the amount calculated by the rate of KRW 10 million per annum from April 6, 2005, to April 6, 2005, and the amount calculated by the rate of KRW 20% per annum from the next day to the full payment date,” and the said decision on performance recommendation was finalized on October 30, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 4, the purport of whole pleading

2. The plaintiff's assertion and judgment

A. On February 3, 2004, the Plaintiff borrowed KRW 10 million from C with the Defendant’s joint and several surety. On May 4, 2005, KRW 5 million was paid to C on August 15, 2005, KRW 2 million was paid on August 31, 2005, KRW 500,000 on October 11, 2005, KRW 2 million was paid to C, and around December 30, 2005, KRW 1 million was paid to the Defendant on December 30, 2006, and KRW 13 million was paid in full as the principal and interest of the above loan.

B. According to the above facts, it is acknowledged that the defendant subrogated to C on April 6, 2005, the amount of KRW 10 million out of the amount borrowed as stated in Section 1-A against the plaintiff on April 6, 2005. Therefore, barring any special circumstance, the plaintiff is obligated to pay to the defendant the amount of KRW 10 million with the amount of indemnity as a result of subrogation, and damages for delay from April 6, 2005 to the date of full payment. 2) Meanwhile, the defendant received KRW 1 million from the plaintiff on December 6, 2006.

However, the fact that the creditor receives money from the debtor for the repayment of a specific obligation.

유사 판례

-부산지방법원 2016.06.02 2015나13093

-의정부지방법원 2015.08.25 2015가단11083

-서울북부지방법원 2016.02.05 2015가단31992

-대구지방법원경주지원 2014.04.25 2013가단1061

-수원지방법원성남지원 2015.11.06 2015가단1818