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(영문) 서울중앙지방법원 2016.10.28 2016나2498
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 22, 1996, the Defendant entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff and D jointly and severally guaranteed the obligations of the Nonparty Company pursuant to the credit guarantee agreement.

B. The non-party company obtained a loan from the Industrial Bank of Korea on the basis of the credit guarantee certificate issued by the defendant. On May 25, 1998, the occurrence of a guarantee accident with interest and interest in arrears occurred, and the defendant subrogated to the Industrial Bank of Korea for KRW 26,648,462 on December 10, 198.

C. The defendant filed a lawsuit against the non-party company, the plaintiff, and D to obtain a judgment in favor of all of them (Seoul District Court Decision 2003Da140351 delivered on October 17, 2003), and the above judgment became final and conclusive around that time.

After that, the defendant filed the same lawsuit for the extension of the prescription period, and accordingly, the judgment was finalized that "the non-party company, the plaintiff, and D shall jointly and severally pay to the defendant 27,478,842 won and 26,648,462 won among them, 20% per annum from October 198 to February 29, 200, 18% per annum from the next day to September 13, 2003, and 20% per annum from the next day to the day of full payment."

(Seoul Central District Court Decision 2013Da5119863 decided November 21, 2013, hereinafter “instant judgment”). D.

On May 16, 2014, the Plaintiff requested the Defendant to temporarily repay a debt, and accordingly, the agreement was concluded between the Plaintiff and the Defendant on the same day ( May 16, 2014).

(hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

1. (Approval of Obligations) I acknowledge that the present total amount of obligation for your Fund would be at least 107,857,707 won and, in the future, the amount of damages prescribed by your Fund.

2. (Repayment of Obligations) I will make a lump sum repayment of KRW 28 million out of the total amount of debt.

4. (Identification of Concealed Property) A person himself/herself shall own any property other than the property in respect of which he/she has taken a measure of credit preservation upon request for the reduction or exemption of liability.

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