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(영문) 부산지방법원동부지원 2016.05.18 2016가단203430
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 28,488,624 and the amount of KRW 16,33,33 among these amounts, from November 16, 2005 to the date of full payment.

Reasons

1. In light of the Plaintiff’s written evidence No. 1’s judgment as to the Plaintiff’s claim, the Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court No. 2005Da375069, Mar. 24, 2006 against the Defendant. On March 24, 2006, the lower court rendered a favorable judgment in favor of the Plaintiff to the effect that the Defendant would jointly and severally with the Plaintiff pay to the Plaintiff 28,48,624 won and 16,33,333 won with interest rate of 25% per annum from November 16, 2005 to the date of full payment, and that the above judgment became final and conclusive.

According to the above facts, the defendant is obligated to perform the obligation according to the above final judgment against the plaintiff who filed the lawsuit in this case for the interruption of extinctive prescription.

2. The defendant's assertion argues that the defendant's right to claim immediately against the defendant, the guarantor, without the plaintiff's prior request from the principal debtor B, is improper.

However, the defendant is not the simple guarantor, but the joint guarantor, and if the debtor bears the obligation jointly with the principal debtor, the peremptory notice to request the principal debtor first, and the search cannot be set up (Article 437 of the Civil Act), and the defendant's above assertion cannot be accepted.

3. The plaintiff's claim of this case is accepted on the ground of the reasons.

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