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(영문) 서울북부지방법원 2017.08.29 2016가단137040
구상금
Text

1. The Defendant paid KRW 48,817,464 to the Plaintiff KRW 5% per annum from August 3, 2016 to August 29, 2017.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) entered into a credit guarantee agreement with the Korea Technology Finance Corporation around March 20, 2013, and both the Plaintiff and the Defendant, a joint representative director, jointly and severally guaranteed the agreement.

B. C received a loan of KRW 100,000,000 from the Industrial Bank of Korea on March 21, 2013 as security, but delayed repayment of the loan.

On November 22, 2013, the Korea Technology Credit Guarantee Fund paid 100,405,128 won to the Industrial Bank of Korea, and received a favorable judgment by filing a lawsuit for indemnity against the plaintiff, defendant, and C.

(Seoul Central District Court 2014Kadan519410). (c)

As of April 29, 2016, the aforementioned amount of indemnity is KRW 135,108,419 (amounting to KRW 100,405,128; KRW 28,879,628; KRW 6,380,329; KRW 556,666); and the Plaintiff repaid the amount of KRW 116,271,673 to the Korea Technology Finance Corporation on April 29, 2016.

The remaining amount of indemnity is KRW 18,836,746 in total amount of damages, and the Plaintiff paid KRW 100,000 among them on May 2, 2016, the remaining amount of indemnity was KRW 18,736,746 in total.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including additional number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion is a joint and several surety of the Korea Technology Finance Corporation, which is a joint and several surety under the credit guarantee agreement, and the Defendant, the other joint and several surety, is obligated to pay to the Plaintiff a sum of KRW 58,185,836 (116,371,673 x 1/2, and less than KRW 1/673 x 1/2, and the same hereinafter) as the indemnity amount.

B. In the case where one of the joint and several sureties has repaid it in excess of his share, the other joint and several sureties can claim reimbursement against the other joint and several sureties. Whether it is a joint and several sureties capable of exercising the right of reimbursement shall be determined on the basis of the time of payment in question, but it shall be subject to the share ratio of all the principal debt

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