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(영문) 서울중앙지방법원 2016.06.28 2015가단5143488

양수금

Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 108,075,151 and KRW 30,039,760 among them:

B. Defendant B Co., Ltd.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) Defendant A entered into two guarantee insurance contracts with the Seoul Guarantee Insurance Co., Ltd. (the Korea Guarantee Insurance Co., Ltd.) in order to guarantee payment of housing funds and household funds, in receiving a loan from the National Bank (the trade name before the change: the Korea Guarantee Insurance Co., Ltd.).

Since then, the Seoul Guarantee Insurance Co., Ltd. paid 66,00,000 won on August 30, 200 on behalf of Defendant A who did not pay the loan, and recovered 50,236,990 won from Defendant A.

The Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against Defendant A, and “Defendant A shall pay to the Plaintiff 15,763,010 won with 19% interest per annum from August 31, 200 to the delivery date of a copy of the complaint, and 20% interest per annum from the next day to the day of complete payment” was finalized on July 5, 2005.

(Seoul Central District Court 2005da1117727 Claims), and as to Defendant B Co., Ltd. which guaranteed the above two guaranteed insurance contracts, the same judgment was rendered and its business became final and conclusive.

(2) The Seoul Guarantee Insurance Co., Ltd. (Seoul Central District Court Decision 2010Dada456812 Decided September 2, 2010) filed a lawsuit against the defendant A and C to claim a reimbursement amount, and the Seoul Guarantee Insurance Co., Ltd. (2) on September 5, 2012, "the defendant A and C jointly and severally paid to the plaintiff 14,276,750 won and interest calculated at the rate of 19% per annum from November 25, 2000 to September 28, 2002, and 25% per annum from the next day to the day of full payment."

(3) Seoul Guarantee Insurance Co., Ltd. transferred each of the claims against the Defendants to the Plaintiff on June 28, 2013 and notified the assignment of claims.

[Reasons for Recognition] The entry of Gap evidence Nos. 1-1, 2, and Gap evidence Nos. 2-8 and the purport of the whole pleadings

B. According to the above facts of recognition, the plaintiff is entitled to receive the judgment.