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(영문) 서울중앙지방법원 2016.11.10 2016가단5094620
구상금 및 부당이득반환 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 90,261,418 and KRW 90,261,403 among them, from March 21, 2016 to June 16, 2016.

Reasons

On August 9, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A with a joint and several surety of Defendant B by setting a credit guarantee agreement on April 5, 2013 (up to KRW 89,100,000,000,000,000,000 in the guarantee amount, and the period of guarantee (up to April 1, 2016). The Plaintiff received a loan of KRW 100,000 from a new bank as security by the Plaintiff’s credit guarantee certificate issued by the Plaintiff, and the Plaintiff paid KRW 90,317,783 to the new bank on March 21, 2016 upon receiving a claim for insurance money from the new bank due to the occurrence of the subsequent guarantee accident, the Plaintiff did not recover KRW 56,380,00,00,000,000,000,000,000,000,000,000,000 won,00 per annum,01316.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 90,261,418, which is the sum of the remaining amount of subrogation and the amount of damages for delay of determination, as well as 10% per annum from March 21, 2016, which is the date of subrogation, to June 16, 2016, which is the date of delivery of a copy of the complaint in this case, and 15% per annum from the next day to the date of full payment.

The plaintiff's claim shall be accepted on the grounds of its reasoning.

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