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(영문) 대구지방법원 상주지원 2018.01.17 2017가단1942
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 694,232,338 and Defendant A with respect thereto from September 21, 2004 to December 16, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff guaranteed the obligation of the loan by a resident farming association under the joint and several guarantee of the Defendants, etc., and the said obligation is not repaid. As such, on September 21, 2004, the Plaintiff subrogated KRW 694,232,338 in total, including the principal and interest of loan and expenses.

B. In the event that the Plaintiff subrogated for the Defendant’s obligation of loans, the rate of damages for delay on the indemnity claim, which the Plaintiff had, is 15% per annum from June 15, 2004 and 12% per annum from December 17, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 694,232,338 and delay damages therefor.

3. Determination as to the defendants' defense

A. The gist of the defense was ten years after the date of subrogation, and as such, the plaintiff filed the lawsuit of this case, the extinctive prescription of the claim for indemnity was completed.

B. An interruption of prescription against the principal obligor shall also be effective as against the surety.

(4) In light of the above provisions of the Civil Act, the Plaintiff’s application for the instant payment order on May 25, 2017, when 10 years have elapsed since the date of subrogation for the Plaintiff’s claim for reimbursement of damages, in light of the above provisions of the Civil Act, is apparent in the record. However, in full view of the purport of the entire pleadings, the Plaintiff may recognize on October 31, 2008, the fact that the provisional attachment order was executed with respect to the real estate owned by the resident farming association as the claim for the indemnity amount against the resident farming association located in the principal debtor from the court as the claim for the provisional attachment. Accordingly, the Defendant’s joint and several liability as well as the principal obligation against the resident farming association was suspended.

Therefore, the defendants' defense is therefore without merit.

C. According to the theory of lawsuit, the Defendants jointly and severally pay the Plaintiff the principal and interest of subrogation.

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