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(영문) 전주지방법원 2016.03.24 2015나2099 (1)
구상금
Text

1. Of the judgment of the court of first instance, the part of the decision against the designated parties in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On March 9, 200, the Plaintiff entered into a credit guarantee agreement with a designated agricultural company A (hereinafter referred to as the “designated company”) under the joint and several guarantee of the appointed parties B and the Defendant (hereinafter referred to as the “designated company”) with each credit guarantee agreement by setting the amount of KRW 129,60,000, and the term of guarantee on March 8, 2002 (hereinafter referred to as the “instant guarantee”) until August 11, 2000, the guaranteed amount of KRW 192,00,000, and the term of guarantee until August 10, 2001 (hereinafter referred to as the “instant guarantee”). Each credit guarantee agreement was made with the designated company’s national bank (hereinafter referred to as the “instant loan”).

B. On October 12, 2001, the Plaintiff subrogated to the National Bank for KRW 105,323,256 based on the instant guarantee, and on October 10, 2002, the Plaintiff subrogated for KRW 45,165,789 based on the instant guarantee.

C. Around 2002, the Plaintiff filed a lawsuit claiming reimbursement against the Defendant (Appointed Party) and the appointed parties (this Court Decision 2002Gadan32945). On July 11, 2003, the court rendered a judgment that “The Defendant (Appointed Party) and the appointed parties jointly and severally paid to the Plaintiff 150,035,935 won and 105,323,256 won from October 12, 2001 to the date of full payment” (hereinafter referred to as “full judgment”). The above judgment became final and conclusive on July 29, 2003.

After that, the Plaintiff recovered the total amount of KRW 83,531,948 on February 5, 2009 for the principal of KRW 105,323,256 by subrogation under the instant guarantee, and the total amount of KRW 45,165,78,789 on March 31, 2009, KRW 56,880 on March 31, 2009, KRW 83,531,948 on August 7, 2012, and collected the total amount of KRW 25,165,789 on November 23, 2005.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Summary of the parties' arguments;

A. The defendant (appointed party) and the designated parties are jointly and severally liable for reimbursement under each credit guarantee of the plaintiff in this case = KRW 162,081,609 = the remaining principal of the payment by subrogation of the guarantee in this case 21,791.

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