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(영문) 서울고등법원 2017.02.09 2015나2050925
구상금등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the “claim for indemnity following the subrogation for moving expenses” under paragraph (2) below. Therefore, the relevant part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. Claim for indemnity for loans by subrogation for moving expenses;

A. 1) The Plaintiff and Hyundai Construction, a contractor, are the National Bank Co., Ltd. (hereinafter “National Bank”) around September 2003.

(2) On November 26, 2004, when entering into a loan agreement on the loan and guarantee of moving expenses, the State bank extended funds to the Plaintiff’s members, such as moving expenses, and the Plaintiff and Hyundai Construction entered into a joint and several loan agreement (hereinafter “the loan agreement of this case”). The Defendant and Hyundai Construction entered into a loan agreement on the loan and guarantee of moving expenses. The contents are as follows: “The Government shall pay the moving expenses the Defendant lends to the Defendant in the name of the Plaintiff’s member (the Defendant) by the National Bank in the name of the Plaintiff’s member (the Defendant) and Hyundai Construction shall jointly and severally guarantee the moving expenses (Article 1(1)); “The Defendant shall be a joint and several surety (Article 5(1)); “The Defendant shall be the Plaintiff as a joint and several surety to guarantee the repayment of the loan; the Defendant’s building and site on the business site leased to the National Bank as Hyundai Construction; and the Defendant shall be a debtor, and the Defendant shall be a joint and several surety under the name of the Defendant’s loan of this case;

4) The defendant objection to Hyundai Construction on April 15, 2005.

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