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(영문) 대전지방법원 2020.12.17 2020가단130114
구상금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 473,065,966 won and 465,765,133 won among them.

Reasons

1. Comprehensively taking account of the purport of arguments as to the grounds for the claim Gap's evidence Nos. 5, 6, and 7, the plaintiff entered into a credit guarantee contract with the company B (hereinafter "B") on May 15, 2003 as the coverage amount of 456,00,000 and the guarantee period of 14 May 14, 2004 (up to May 14, 2005). The defendant and C jointly and severally guaranteed Eul's obligation to the plaintiff under the above credit guarantee contract; Eul borrowed a credit guarantee certificate issued by the plaintiff as collateral from D Bank on May 13, 2005, but the plaintiff was subrogated to D Bank on behalf of the plaintiff on 30,00,000,000,000,000 and 30,000,000,000 won and 5,05,05,000 won and 15,05,005,000 won and 35,05,05,05,05,07.

According to the above facts of recognition, the defendant is jointly and severally liable with B to pay to the plaintiff 473,065,966 won (=465,765,133 won 509,592 won 3,755,440 won) and 465,765,80 won of the judgment principal from October 31, 2005 to May 18, 2010, and damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment. The lawsuit of this case filed for the purpose of the extension of prescription due to the completion of the extinctive prescription of the claim under the above final judgment is the benefit of protection of rights.

2. On October 7, 2020, the judgment of the defendant on the defendant's assertion, the defendant filed an application for bankruptcy and immunity with respect to the plaintiff's claim.

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