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(영문) 부산지방법원 2016.11.01 2016가단328692
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 23,409,850 and KRW 23,224,538 among them, from November 16, 2005 to March 16, 2006.

Reasons

1. Facts of recognition;

A. On May 17, 2004, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement with the Plaintiff after obtaining a loan from the foreign exchange bank, and Defendant B jointly and severally guaranteed the obligations under the credit guarantee agreement with the Plaintiff of the Defendant Company.

B. After the occurrence of a credit guarantee accident, the Plaintiff subrogated 23,336,728 won to the foreign exchange bank on November 16, 2005.

If 112,190 won is deducted from the amount paid by subrogation, 23,224,538 won is, and if 185,260 won is added to the legal procedure cost and 52 won for final delay, 23,409,850 won is 17% per annum.

C. The Plaintiff filed a lawsuit against the Defendants on the claim for reimbursement, etc., Busan District Court Decision 2005Kadan130202, and the above court rendered a judgment on August 18, 2006 that “the Defendants jointly and severally pay to the Plaintiff 23,409,850 won and 23,224,538 won among them, with 17% per annum from November 16, 2005 to March 23, 2006, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

The above judgment was finalized on September 15, 2006. D.

The Plaintiff filed the instant lawsuit on July 11, 2016 for the interruption of extinctive prescription of claims based on the instant judgment.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 23,409,850 won and 23,224,538 won per annum from November 16, 2005 to March 23, 2006; 20% per annum from March 24, 2006 to September 30, 2015; and 15% per annum from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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