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(영문) 부산지방법원 2015.12.10 2014가합49756

구상금

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 113,385,485 won and 32,354,910 won among them. < Amended by Presidential Decree No. 23690, Jul. 11, 2012>

Reasons

1. Basic facts

A. On November 18, 1997, the Plaintiff concluded a small loan guarantee insurance contract with the content that the Plaintiff guarantees the loans and interest obligations to the Daegu Bank of Q from November 19, 1997 to November 17, 1999, with the insurance period of KRW 33,00,000,000, and the insured Non-Party Daegu Bank of Daegu (hereinafter “Tgu Bank”) from November 19, 197 to January 199.

B. After Q’s delinquency in paying the principal and interest of the loan to Daegu Bank, the insured event occurred. On April 26, 1999, the Plaintiff paid KRW 33,000,000 as insurance money to Daegu Bank.

C. Q, upon entering into the above guarantee insurance contract, agreed to pay the insurance money and the damages for delay calculated by adding the Plaintiff’s fixed rate for delay from November 16, 1998 to August 22, 1999. The interest rate for delay is 21% per annum and 19% per annum from the following day to the date of full payment.

Defendant A and B jointly and severally guaranteed Q’s liability for reimbursement against the Plaintiff, Q died on May 3, 1998, and U and V, who were his children, renounced inheritance, thereby succeeding Q Q’s R, net S, net T, Defendant D and C, which were his brothers and sisters, and subsequently succeeded to Q.

E. Accordingly, on November 30, 2004, the Plaintiff filed a claim for reimbursement against Defendant A, B, C, D, network R, network S, and network T with Busan District Court 2003da137599 and filed a claim for reimbursement on November 30, 2004, the amount of money calculated by applying the rate of 21% per annum from April 27, 1999 to August 22, 199, the amount of 19% per annum from the following day to August 17, 2004, and the amount of money calculated by applying the rate of 20% per annum from the following day to the date of complete payment to the date of complete payment, to the extent of inherited property from Defendant D, C, R, network R, network, L, and net Q Q, and jointly with the Defendant A, B, and B, the amount of money from 6,600,000 won to 19.29% per annum 19,297.