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(영문) 대전지방법원 2018.01.18 2017가단215114
구상금
Text

1. The defendant shall pay to the plaintiff KRW 309,515,820 and KRW 151,497,327 among them, from November 18, 2005 to April 27, 2006.

Reasons

Basic Facts

On April 13, 2001, and December 27, 2004, the Plaintiff entered into a credit guarantee agreement with the Plaintiff Company B (hereinafter “B”), and jointly and severally guaranteed the liability for indemnity under the said credit guarantee agreement.

On November 8, 2005, pursuant to a credit guarantee agreement dated April 13, 2001, the Plaintiff subrogated for the Bank KRW 339,279,977 of the principal and interest of loan of B, and pursuant to the credit guarantee agreement concluded on December 27, 2004, the Plaintiff subrogated for KRW 31,93,656 of the principal and interest of loan of B.

The plaintiff filed a lawsuit against B, C, D, E, and the defendant as the Daejeon District Court Decision 2006Ra13404 on December 19, 2006 with the purport that "B, C, D, E, and the defendant shall jointly and severally pay to the plaintiff 373,575,665 won such as the balance of the subrogated amount, and 370,922,797 won such as the balance of the subrogated principal from November 8, 2005 to April 27, 2006, interest rate of 14% per annum under the above credit guarantee agreement and interest rate of 20% per annum from the next day to the date of full payment (hereinafter "the preceding judgment of this case"). The above judgment became final and conclusive on December 12, 2007.

After that, the Plaintiff collected total amount of KRW 219,425,470 from B, C, D, E, and Defendant based on the preceding judgment of this case, and as of November 23, 2016, the remainder of the subrogated amount remains at KRW 151,497,327, and the final damages for the amount of the collected amount are KRW 158,018,493.

【Unless there exists any special circumstance, the Plaintiff brought the instant lawsuit for the extension of extinctive prescription period of the previous judgment, and the Plaintiff’s claim as to the entries in Gap’s evidence Nos. 1 through 7 (including each number of partial marks), as to the ground for recognition, 309,515,820 won (i.e., KRW 151,497,327 won, KRW 158,018,493) and 151,497,327 won among them, and 14% per annum from November 18, 2005 to April 27, 2006, and the next day.

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