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(영문) 대구지방법원서부지원 2015.07.09 2015가합5270
구상금
Text

1. The plaintiff shall be jointly and severally liable to the plaintiff

A. Defendant B’s KRW 145,527,670 and as to this, from October 3, 2014 to April 7, 2015.

Reasons

1. Basic facts

A. On November 30, 201, Defendant B entered into a consignment agency contract (hereinafter “instant contract”) with the case (hereinafter “K”) on the business and other business affairs related to the goods and services of the case, and the handling of related products. On the same day, the Plaintiff, Defendant C, and F jointly and severally guaranteed Defendant B’s liability for the case under the said contract.

B. KT filed a lawsuit claiming damages against the Plaintiff, a joint and several surety on the ground of Defendant B’s breach of contract, and received a compulsory adjustment order stating that “the Plaintiff shall pay 45,000,000 won in total to KT in ten installments” from this court, and the said decision became final and conclusive around that time.

C. The Seoul Guarantee Insurance Co., Ltd, which guaranteed the instant contract, notified the Plaintiff to pay KRW 100 million after paying the insurance money to the case.

Accordingly, the Plaintiff, a joint and several surety, paid the sum of KRW 45 million to K, from July 31, 2013 to April 27, 2014, and KRW 145,527,670, including KRW 100,527,670, to Seoul Guarantee Insurance on October 3, 2014 (hereinafter “instant subrogated payment”).

[Ground of recognition] Defendant B, C: Confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant D, E: Each entry of evidence Nos. 1 through 4, 6, and 7, and the purport of the whole pleadings

2. According to the facts of recognition as to the claim against Defendant B and C, the joint and several surety shall be jointly and severally liable to the Plaintiff, and Defendant B, the principal obligor, shall be 145,527,670 won of the subrogated payment of this case and 5% per annum as prescribed by the Civil Act from October 3, 2014 to April 7, 2015, the date of service of a copy of the complaint of this case by subrogation of this case, the date of service of the last payment of the subrogated payment of this case, 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, Defendant C, the joint and several surety, who is one of the joint and several surety, shall be 48,509, 223 won of the subrogated payment of this case,

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