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(영문) 대구지방법원 2019.03.21 2018가단132834
구상금
Text

1. The defendant is jointly and severally with the non-party corporation B and C, and KRW 729,91,900 and KRW 492,716,347 among them.

Reasons

1. In full view of the entries in Gap evidence Nos. 1 through 10 and the purport of the entire pleadings as to the cause of the claim in this case, the facts alleged in the annexed sheet No. 1 that the plaintiff asserted as the cause of the claim in this case (However, according to the above facts of recognition, "creditor A" and "debtor A" refer to "the defendant," respectively). 2. The defendant, who is a joint guarantor for the claim in this case, is jointly and severally liable with the plaintiff, as the principal debtor Eul and other joint and several liability joint and several liability corporation, and as to the plaintiff, the amount of KRW 729,911,90 and the amount of KRW 492,716,347 (the balance paid to D Bank), 186,488,799 (the amount of subrogated payment to E Bank) from the date of November 14, 2012 to the date of annual payment of the complaint No. 1506, Dec. 16, 2012>

The defendant asserted that B, a principal debtor, repaid part of the claim amount against the plaintiff through the rehabilitation procedure.

However, as seen in Section 4. As seen in Section 4. As the Plaintiff initially subrogated to the Bank and E Bank, all of the amount of KRW 1,351,971,481 (i.e., KRW 496,618,600, KRW 490,685, KRW 159, KRW 364,667,72, KRW 335) was recovered through corporate rehabilitation proceedings against D Bank B, and the remainder is KRW 679,205,146, KRW 146 in total.

In other words, the repayment of the defendant's assertion is already included in the cause of the plaintiff's claim.

Therefore, the defendant's assertion cannot be accepted.

Plaintiff

All claims are justified, and they are accepted.

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