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(영문) 서울중앙지방법원 2016.06.01 2016나1235
구상금
Text

1. All appeals filed by Defendant A and B are dismissed.

2. Of the judgment of the first instance, the part against Defendant C is as follows.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) concluded a credit guarantee agreement between the Plaintiff, with the term of October 16, 1998, with the guaranteed principal of KRW 20,00,000, and with the term of October 15, 1999, with the credit guarantee agreement between the Defendant and the Plaintiff as of September 6, 199, with the guaranteed principal of KRW 40,00,000, and with the term of guarantee until September 6, 200, respectively (hereinafter collectively referred to as the “credit guarantee agreement of this case”), and D jointly and severally guaranteed the Defendant A’s obligation under the credit guarantee agreement as of October 16, 1998.

(2) A guarantee accident occurred with Defendant A’s natural body on December 6, 199, and the Plaintiff fulfilled the guaranteed obligation under the credit guarantee agreement of this case on June 28, 200.

(3) The plaintiff filed a lawsuit against the defendant A and D with the Seoul Central District Court 2005da13981, and the above court rendered a judgment on August 10, 2005 that "the plaintiff shall pay to the plaintiff, the defendant A shall be 62,864,921 won, and 62,787,012 won among them, and D shall be jointly and severally with the defendant A about 21,179,90 won among the above amount and 21,102,081 won among the above amount, and 18% per annum from June 28, 200 to June 10, 2005, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on September 24, 2005.

(4) Even after the previous judgment became final, the Plaintiff paid the legal procedure costs in addition to the legal procedure costs, and the sum of the legal procedure costs is KRW 2,512,859.

(5) The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the preceding judgment. D died on March 22, 2015, Defendant B is the husband of D, Defendant A and C are the children of D.

[Ground of recognition] Evidence Nos. 1-1, 2, Gap evidence No. 2, Gap evidence No. 4-1 to 3, the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, Defendant A’s principal and interest of indemnity amounting to KRW 65,29,871 (=62,787,012 + legal procedure costs + KRW 2,512,859) and the balance of indemnity amount.

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