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(영문) 전주지방법원 2019.11.01 2018가단22789
구상금
Text

The Defendants are 5% per annum from July 23, 2010 to November 1, 2019, respectively, to the Plaintiff and 5% per annum.

Reasons

On May 22, 2006, the Korea Credit Guarantee Fund has been granted a credit guarantee of KRW 190,000,000 from the Korea Credit Guarantee Fund, such as a credit guarantee agreement, and on the other hand, H, limited liability companies I, B (Defendant), C (Defendant), D, E, and A (Plaintiff) jointly and severally guaranteed obligations under the F’s credit guarantee agreement.

(A) No. 2, reply of June 10, 2019). F is deemed to have obtained a loan from the Industrial Bank of Korea with a credit guarantee certificate issued under the above credit guarantee agreement, and it is deemed that the Credit Guarantee Fund has repaid the loan instead of the loan.

(A) The Credit Guarantee Fund (Evidence 2) filed a lawsuit against the joint guarantor of the above credit guarantee agreement, including the F and the Defendants, seeking the payment of the amount of subrogation, etc. to the Bank (the Jeonju District Court 2008Gahap2998). The court rendered a judgment that F, etc. shall pay to the Credit Guarantee Fund the amount of KRW 195,203,753 and KRW 194,636,083 as to KRW 194,63 and KRW 194,083 as to KRW 15% per annum from February 29, 2008 to June 22, 2008, and 20% per annum from the following day to the date of full payment. The above judgment was finalized on October 2, 2008.

On July 22, 2010, the Plaintiff repaid F to the Credit Guarantee Fund the principal and interest of the loan amount of KRW 128,900,000.

(A) Where there are several joint and several sureties of the contents of the right to indemnity among joint and several sureties, if one joint and several sureties has repaid in excess of his/her share, he/she may claim reimbursement from the other joint and several sureties (Article 448(2) of the Civil Act), and if there is a special agreement among them, he/she shall be subject to the equal ratio of each one, unless

Whether a joint and several sureties has repaid in excess of his/her share shall be determined at the time of the relevant repayment, and in detail, the relevant joint and several sureties shall apply the share ratio to the total amount of the principal obligation generated and increased up until that time.

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