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(영문) 제주지방법원 2015.03.10 2014가단7734
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The plaintiff's assertion

A. On December 30, 200, the Plaintiff and the Defendant jointly and severally guaranteed C’s obligation to pay for the instant loan No. 1 to the Non-Party 30 million won (hereinafter “the instant loan”) from the Korea Forest Credit Union (hereinafter “Korea Forest Credit Union”). On April 27, 2011, the Defendant agreed to pay the Plaintiff the principal and interest of the instant loan and the subsequent 2.3 million won (hereinafter “instant agreement”). Since the Plaintiff subrogated for the instant loan, the Defendant is obligated to pay the Plaintiff the remainder of KRW 301,00,000 from the following day to February 21, 201, to KRW 15,000,01, to KRW 15,011,139 on April 20, 201, to KRW 301,011, KRW 139 on April 15, 201, to KRW 301,011, KRW 3015,139 on April 15, 20101.

(B) The plaintiff, through the last preparatory document, has withdrawn the previous arguments that conflict with the contents stated in the above preparatory document, but since the main part of the claim in this paragraph cannot be deemed to have been withdrawn, the plaintiff's claim in this paragraph shall be deemed to be maintained and judged accordingly).

The Plaintiff and the Defendant, on January 12, 2002, obtained a loan of KRW 25,500,000 from the Non-Party New Cooperatives (hereinafter “instant second loan”), respectively, jointly and severally guaranteed the obligations of the instant second loan to the Non-Party New Cooperatives. The Plaintiff, as the principal and interest of the instant second loan, on February 2, 2011, paid KRW 15,011,139 on behalf of the Plaintiff for KRW 30,011,139 on April 20, 201, and KRW 15,000 among them, from March 1, 2011, the Defendant served the remainder 15,011,139 on KRW 15,139 on the remainder of the loans, from April 21, 2011 to the date of complete payment, 200% per annum from the next day to 5,000 per annum.

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