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(영문) 서울중앙지방법원 2020.07.10 2019나82815
구상금 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant in the judgment of the court of first instance shall be modified as follows.

2.(a)

Defendant and the first instance court.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 7-1 through No. 13, the Defendant’s spouse B entered into a donation contract with the Defendant on March 6, 2018 with respect to each of the real estate listed in the Schedule No. 1 through No. 11, and completed the registration of ownership transfer based on the above donation on March 7, 2018, and entered into a donation contract with the Defendant on March 27, 2018 with respect to each of the real estate listed in the Schedule No. 12 and No. 13 as indicated in the Schedule No. 12 and No. 13, and completed the registration of ownership transfer based on the above donation on March 29, 2018.

(hereinafter in this case, when all of the above real estates are combined, the "each of the above real estates" shall be deemed to be "each of the above real estates," and each of the above gift contracts shall be deemed to be a "each of the above gift contracts" hereinafter). 2. Determination as to

A. (1) Comprehensively taking account of the overall purport of arguments in the statements in Gap evidence Nos. 1 through 5 and evidence Nos. 8 through 12, the plaintiff is liable for damages incurred in relation to the credit guarantee agreement entered into with the co-defendant A (representative B; hereinafter "A") of the first instance trial on March 11, 2014 and the credit guarantee agreement entered into with B of the first instance trial on February 25, 2015. On November 22, 2018, the plaintiff subrogated for 15,273,279 won in total to the D Bank and E Bank, and did not recover 72,394 won in legal procedure costs. Accordingly, the plaintiff is liable for damages incurred in relation to the credit guarantee agreement between the plaintiff and the co-defendant A (representative B; hereinafter "the representative") and the creditor's joint and several liability for damages incurred in relation to B of the credit guarantee agreement.

(2) Of course, the Plaintiff’s claim for reimbursement against B did not have yet occurred on or around March 2018, each of the instant gift agreements. However, as acknowledged earlier, there exists a legal relationship that has already been concluded between the Plaintiff and B, which serves as the basis for the occurrence of claims, as the credit guarantee agreement was concluded between the Plaintiff and B at the time.

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