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(영문) 부산지방법원동부지원 2019.07.25 2019가합100539
구상금
Text

1. The Plaintiff:

A. Defendant A, C, D, and F jointly and severally KRW 2,977,567,028 and 2,651,251 among them.

Reasons

1. Determination as to the claim against Defendant A, C, D, and F

A. On February 18, 2009, the plaintiff filed a claim against the above defendants and H for reimbursement with Busan District Court 2008Kadan43576, and the above court rendered a judgment that "the defendants and H shall jointly and severally pay to the plaintiff 2,962,851,347 won and 2,651,251,508 won per annum from April 18, 2003 to July 18, 2004; 15% per annum from July 2, 2004 to August 19, 2008; and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive at that time.

The Plaintiff paid KRW 15,184,100 to the legal procedure cost to preserve the above claim for reimbursement, and the Defendant A paid KRW 107,300 among them on March 24, 2009.

The Plaintiff filed the instant lawsuit in order to extend the prescription period of the claim established by the above judgment (However, the amount of KRW 361,119 out of the fixed delay damages due to changes in the rate of delay damages) and to pay the legal procedure costs additionally incurred.

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant (appointed party) and the designated parties

A. The facts of recognition are as follows: (a) on August 12, 1997, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A, setting the term of guarantee as “three years after loan handling”; (b) on the basis of the amount of guarantee as “three years after loan handling”; and (c) H et al. jointly and severally guaranteed the Defendant Company A’s liability for indemnity pursuant to the above credit guarantee agreement with the Plaintiff; (b) on April 18, 2003, the Plaintiff subrogated for the Defendant Company A’s obligation for loans to Mbank pursuant to the above credit guarantee agreement; and (c) the Plaintiff paid the Defendant Company A and H et al. for the Defendant Company’s obligation for indemnity pursuant to the above credit guarantee agreement.

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