logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.11.29 2017가단216792
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 102,232,289 and as to KRW 84,118,629 among them, from June 11, 1992 to June 1993.

Reasons

On August 31, 2007, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit for indemnity amount under the Seoul Central District Court 2007da115001 against Defendant A, a principal debtor, and Defendant B, a joint guarantor, as the cause of a claim for the indemnity amount under the credit guarantee agreement, and filed the lawsuit for indemnity amount on August 31, 2007. “The above judgment contains the following facts: (a) the Defendants jointly and severally notify the Korea Technology Credit Guarantee Fund of the purport that the amount of 21% per annum from June 11, 1992 to June 30, 1993; (b) the next day to July 31, 1994; and (c) the amount of 17% per annum from the next day to the date of full payment; and (c) the aforementioned judgment contains no dispute between the parties to the lawsuit and the Plaintiff on September 18, 2007; or (d) the aforementioned facts that the Defendants notified the Defendants of the transfer number No.27.

According to the above facts, Defendant A is the principal debtor, and Defendant B is jointly and severally liable to pay the amount stated in the purport of the claim to the Plaintiff who acquired the judgment amount from the Korea Technology Credit Guarantee Fund as a joint and several surety.

As to this, the Defendants first agreed to be responsible for 30% of the amount subrogated by the Korea Technology Credit Guarantee Fund prior to 20 years prior to the date, and the amount already paid in full, and thus, the Plaintiff’s claim of this case is unreasonable.

In principle, since a final and conclusive judgment in favor of the parties has res judicata effect, the parties can not file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment. However, even if exceptional cases are allowed due to special circumstances such as interruption of prescription, the judgment in a new suit is the contents of the final and conclusive judgment in favor of the previous suit.

arrow