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(영문) 청주지방법원충주지원 2015.07.02 2015가단86
구상금
Text

1. The Plaintiff:

A. Defendant B’s KRW 46,00,000 and for this, KRW 5% per annum from November 29, 2012 to April 2, 2015.

Reasons

1. Facts of recognition;

A. Defendant B purchased construction equipment (HE280LC) from Han Heavy Industries on February 4, 1997 at KRW 117,708,97 (57,008,160 among them) and KRW 1,583,560 in monthly installments for 36 months, and the Plaintiff and Defendant C jointly and severally guaranteed the above sales price obligations for the Han Heavy Industries around March 13, 1997.

B. The normal asset management loan company is from Han Heavy Industries to Defendant B.

The claim for the cost of equipment stated in the subsection was taken over.

C. The plaintiff is a normal asset management loan company as above.

Of the joint and several liability obligations as described in the paragraph, the amount of KRW 3,00,000 on September 7, 2012, KRW 3,000,00 on the 10.3,00,000 on the same month, KRW 24,000 on the 20.3,00,000 on the 24.12,00,000 on the 15.12,00,000 on the 10.12,000 on the 10.1,00 on the 27.27.1,00,000 on the 28.

Accordingly, a normal asset management loan company is the above A.

The plaintiff and the defendants with respect to the contract for the sale of equipment stated in the paragraph were fully exempted from all other obligations.

[Ground for recognition] Defendant B: Each of the items in the evidence Nos. 1 and 2, and the purport of the whole argument as to Defendant C: The judgment by deeming the confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. According to the above facts of determination, Defendant B is obligated to pay to the Plaintiff the amount of 46,00,000,000 won subrogated for the performance of the joint and several surety obligation as the trustee guarantor, and damages for delay calculated at the rate of 20% per annum prescribed by the Civil Act from November 29, 2012 to April 2, 2015, which is the delivery date of a copy of the complaint of this case against Defendant B from November 29, 2012 to April 2, 2015, which is the delivery date of the copy of the complaint of this case against Defendant C, and the damages for delay calculated at the rate of 23,00,000 won per annum from the next day to the date of full payment. Defendant C, a joint and several surety, is obligated to pay the Plaintiff the above amount of 46,000,0000 won (=46,000,000 x 1/2) from November 29, 2012.

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