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(영문) 인천지방법원 2020.11.10 2020가단233497
구상금
Text

The defendant shall be jointly and severally and severally with Company B and C as to KRW 567,322,086 among them and KRW 567,322,086.

Reasons

1. Recognizing the same facts as the entry in the list of the reasons for the claim.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Since a judgment in favor of the final and conclusive judgment regarding the cause of the claim has res judicata effect, where the party against whom the final and conclusive judgment in favor of the other party has been rendered files a lawsuit against the same party as the previous suit in favor of the final and conclusive judgment in favor of the other party, the subsequent

However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.

(See Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018 (see, e.g., Supreme Court en banc Decision 2018Da22008). In this case, barring any special circumstance, the Defendant is jointly and severally liable with Company B and C to pay damages for delay calculated at a rate of 20% per annum from October 14, 2009 to January 13, 2010, with 567,322,086, as joint and several surety for a credit guarantee agreement (29,294,225,468), and the amount of damages for delay calculated at a rate of 14% per annum from the following day to the date of full payment.

On the other hand, the defendant asserts that the plaintiff's claim of this case was unfair since the joint and several surety system was no longer established, but merely because such circumstance alone does not deem that the validity of the contract of this case was retroactively extinguished between the plaintiff and the defendant, the defendant's argument

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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