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(영문) 서울서부지방법원 2018.04.26 2017가단208761
구상금
Text

1. The Defendant (Appointeds) to the Plaintiff (Appointeds) KRW 26,33,34, and KRW 65,833,334, and KRW 65,834, respectively.

Reasons

1. Basic facts

A. On January 27, 2010, the Defendant and the deceased joint and several sureties H Co., Ltd. (hereinafter the non-party company) borrowed KRW 125,00,000 from I Co., Ltd., and at this time, the non-party deceased J (hereinafter the Deceased, the Plaintiff’s decedent, and the Defendant jointly and severally agreed with the Defendant.

B. The deceased’s inheritance relationship died on July 4, 2013. The deceased’s heir died on his/her own as of July 4, 2013, and there were the Plaintiff (Appointed Party 2/9), the Appointed (3/9), Nonparty 2/9, Nonparty 2/9, and Nonparty 2/9. The unmarried deceased on December 29, 2014 after the deceased’s death, and the deceased’s heir succeeded to his/her share of inheritance. Meanwhile, the deceased died on December 3, 2009, and the deceased’s heir, E, F, and G, and his/her heir’s joint and several liability jointly inherited the deceased’s joint and several liability.

C. As the non-party company, the primary debtor, was not repaid by the plaintiffs, I Co., Ltd., the creditor, as joint and several surety, provisionally seizes real estate against the second floor M in Eunpyeong-gu Seoul, Seoul, and ordered the payment of KRW 125,000,000 against the non-party company, the joint and several surety, the deceased, and the defendant as the primary debtor, as Seoul Western District Court Ordering the payment of KRW 201,452 on August 6, 2012, and received a decision of compulsory commencement of auction on September 2013, 201 as the title of execution.

Accordingly, the plaintiffs completed the inheritance registration of the above real estate and sold it to the non-party N, and subrogated for the proceeds of sale to the non-party 125,000,000 won as principal and interest 112,00,000 won under the above payment order on March 2014.

(A) Evidence No. 9, A, 16 through 21). The Plaintiffs were urged to indemnify the non-party company, the primary debtor, but failed to be reimbursed.

[Ground of recognition] Evidence Nos. 1 and 22, and the purport of the whole pleadings.

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