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(영문) 부산지방법원 2016.10.27 2016가단321639
구상금
Text

1. The Plaintiff:

A. As to Defendant A, B, C, and D’s joint and several costs of KRW 71,574,897 and KRW 71,344,807 among them,

Reasons

1. The following facts are deemed to have been led to the confession by the Defendants pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant Company A (hereinafter “A”), B, and C. The following facts may be acknowledged by taking into account the following facts: (a) the Plaintiff and the Defendants D, E, F, and G have no dispute between them, or the evidence Nos. 1-3 and 1; and (b) the overall purport of the arguments and arguments against the head of Yeongdeungpo-do Busan Metropolitan City.

On February 23, 2005, the Plaintiff entered into a credit guarantee agreement with Defendant A with the guarantee period of KRW 69 million under the joint and several sureties of Defendant B, C, D, and H until February 13, 2006.

B. On February 24, 2005, A borrowed 69 million won from Busan Bank under the Plaintiff’s credit guarantee under the above credit guarantee contract (hereinafter “ Busan Bank”), and subsequently defaulted.

C. On December 13, 2005, the Plaintiff repaid the principal and interest of 71,344,807 won on behalf of the Busan Bank in subrogation of A, and paid 230,090 won to compensate for the amount of reimbursement in relation thereto.

The plaintiff filed a lawsuit against the defendant A, B, C, D, and H with Busan District Court Decision 2006Da33582, which decided on June 13, 2006 that "the defendant A, B, D, and H shall jointly and severally pay to the plaintiff 71,574,897 won and 71,34,807 won among them, with 17% per annum from December 13, 2005 to April 15, 2006, and 20% per annum from the next day to the date of full payment." This was confirmed as is July 27, 2006.

E. H died on March 25, 2009, and there were Defendant E and Defendant F and G, the wife’s heir, and the above Defendants filed a request for a judgment on limited acceptance of inheritance under the Busan District Court’s Family Branch Decision 2009Ra1963, and accepted the said Defendants’ report on the qualified acceptance of H’s property inheritance from the above court on August 7, 2009.

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