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(영문) 서울중앙지방법원 2014.08.19 2013가합552127
구상금(법인격부인)
Text

1. The defendant shall pay to the plaintiff KRW 426,681,882 and KRW 314,714,314 among them, from January 28, 1999, KRW 103,98,595.

Reasons

1. The loan amount of the financial institution on April 22, 1996, which was the date of guarantee of principal of the guaranteed principal on the date of guarantee of the contents of the credit guarantee lending from the basic facts Nos. 160,000,000 won on April 22, 1996, the Industrial Bank of Korea 160,000,000 won on February 11, 1997, 1997; and the Gyeonggi Bank 20,000,000,000 won on February 11, 1998; and the Bank 10,000,000 won on February 11, 1998; and the Bank 10,000,000 won on March 10, 1998; and the Bank 10,000 won on March 26, 1998; and

A. The Plaintiff, under the trade name of “A” (hereinafter “A”), guaranteed the obligation of loans owed by C to each financial institution by entering into a credit guarantee agreement as follows, between C and C who operated the business of manufacturing assembly metal products in the Nam-gu Incheon Metropolitan City.

B. On August 19, 1998, C delayed the payment of the above loan and caused a credit guarantee accident, and the Plaintiff subrogated 314,714,314 won to the Gyeonggi Bank on January 28, 199, and on March 31, 199, it subrogated 104,695,925 won to the Industrial Bank of Korea and recovered 697,30 won.

C. The plaintiff filed a lawsuit for indemnity claim against D et al., which jointly and severally guaranteed debt C under the credit guarantee agreement between C and the above credit guarantee agreement with the Seoul District Court Decision 2002Da36097, and "C and D jointly and severally paid to the plaintiff the amount of KRW 418,932,997 (220,088 won as the amount of subrogated payment of the remaining amount of KRW 418,712,909) and damages for delay." The above judgment was finalized on August 17, 2002.

Since then, when the completion of the extinctive prescription of the above claim for indemnity was imminent, the plaintiff filed a lawsuit identical to the above claim for indemnity by the Seoul Central District Court 2012Kadan5063086, and D jointly and severally, 420,536,667 won (220,712,90 won in the fixed amount of 418,712,909 won in the fixed amount of 220,088 won in the fixed amount of 220,670 won in the fixed amount of payment by subrogation) and 314,714,314 won in the fixed amount of 314,714,315 won in the subrogated amount from January 28, 199, 103,98,595 won as of the date of payment by subrogation, from March 31, 1999 to March 2, 202.

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