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(영문) 서울서부지방법원 2020.01.31 2019가단267603
구상금
Text

1. The Defendant jointly and severally with Nonparty C, as to KRW 121,726,358 and KRW 121,171,758 among them, shall be jointly and severally with Nonparty C, an incorporated association.

Reasons

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 5, the facts in the separate sheet (Provided, That as the plaintiff, "creditor", "debted Company C", and "debtor No. 2 B" are recognized as the defendant, the defendant is jointly and severally obligated to pay to the non-party C and the plaintiff 121,171,758 won as to the amount of KRW 121,726,358 and the amount of KRW 121,758 from August 22, 2019 to November 13, 2019, the final delivery date of the copy of the complaint of this case, the rate of delay damages, which is 8% per annum from the next day to the date of full payment, and damages for delay by 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

In this regard, the defendant cannot respond to the claim and execution of the claim against the non-party incorporated association C, the National Health Insurance Corporation, etc. first, and the defendant shall set up a defense of highest and search.

On the other hand, Article 437 of the Civil Code provides that "if a creditor has requested a guarantor to perform the obligation, the guarantor shall prove the fact that the debtor has a ability to perform the obligation, and the execution thereof is easy, and shall first file a claim with the principal debtor and protest to execute the property. However, the same shall not apply where the guarantor bears the obligation jointly with the principal debtor." As seen above, the defendant is a joint and several surety who is jointly and severally liable with the non-party corporation C, which is the principal debtor, in relation to the plaintiff, and the defendant is a joint and several surety who bears the obligation under the proviso to Article 437 of the Civil Code. Thus, the defendant's argument cannot be accepted without the need to

If so, the plaintiff's claim shall be accepted with due cause, and it is so decided as per Disposition.

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