logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2014.12.18 2014가합1849
구상금
Text

1. The Defendant’s KRW 370,000,000 and the Plaintiff’s annual interest thereon from August 5, 2005 to June 5, 2014.

Reasons

1. According to Gap evidence Nos. 1 and Eul evidence Nos. 9 as to the cause of the claim, on April 29, 1998, the plaintiff was jointly and severally guaranteed by the defendant's National Federation of Fisheries Cooperatives (hereinafter "the Federation") to receive a loan of KRW 1,200,000 per annum interest rate of KRW 5% per annum, interest interest rate of KRW 17% per annum, interest rate of KRW 17% per annum, and interest rate of KRW 20,000 on April 29, 2008 for the loan maturity of the loan maturity (hereinafter "the loan obligation of this case"), but it is recognized that the plaintiff subrogated for the loan of KRW 370,00,00 on August 4, 2005.

Therefore, barring any other circumstances, the defendant is obligated to pay to the plaintiff 370,000,000 won for indemnity and 5% per annum under the Civil Act from August 5, 2005 to the delivery date of the complaint of this case, which is the day following the date of subrogation, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's defense, etc.

A. A. The summary of the parties’ assertion 1) The Defendant agreed to operate the Plaintiff, C (former name: D), E, and freezing and freezing storage business. Accordingly, the Plaintiff and the Defendant are to operate a fishery products cooling and cooling room on the ground of 1,99m2 of land for the Flue City Flue City, on the ground of 1,99m2.

B agreed to operate the business under the mutual name of “G”, and as a joint business proprietor, the instant loan, which is the funds for constructing a cooling warehouse, was loaned from the fisheries cooperative.

However, it is difficult for the debtor to become two joint and several sureties because it is difficult for the debtor to become two parties due to the agreement, and the defendant and the plaintiff become joint and several sureties, and the plaintiff as a partner has invested in the manner of jointly and severally

On the other hand, the defendant set up a pledge on the H's deposit claim in the Suhyup Bank as additional security for the loans of this case and received additional loans from the Suhyup Bank.

However, as the business is not well-grounded, the relationship of the business is terminated due to the circumstances such as the sale at the auction procedure.

arrow