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(영문) 대전지방법원천안지원 2017.12.15 2016가합103395

청구이의

Text

1. It is based on the Daejeon District Court Branch Decision 201Gahap4226 Decided June 5, 2012, against the Defendants’ Plaintiff.

Reasons

1. Basic facts

A. On December 23, 2005, D Co., Ltd. (hereinafter “D”) borrowed KRW 155,000,000 from the NetworkF (hereinafter “the network”) to prepare deposits for the expenses of collecting aggregate and the expenses of restoring earth and rocks in order to obtain permission for the extraction of aggregate in the Chungcheongnam-gun District E District, and entered into a contract with the Deceased to create a pledge on the deposit in the manner of transferring the possession of the deposit passbook of KRW 51,958,00 in the name of the Deceased to the said deposit in the manner of transferring it to the Seoul Guarantee Insurance Co., Ltd. for the purpose of issuing the guaranteed insurance policy instead of the above deposit to the collateral for the future indemnity-prohibited liability arising from the guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. for the issuance of the guaranteed insurance policy.

B. D agreed to pay interest at the rate of 2.5% per month on June 30, 2006 when it decided to return the above borrowed money and the deposit to the deceased by June 30, 2006. The Plaintiff jointly and severally guaranteed D’s above borrowed money and the deposit repayment obligation and the interest payment obligation.

C. The Deceased brought a lawsuit against the Plaintiff seeking payment of the loan and deposit totaling KRW 666,958,000 and interest thereon (this Court 201Gahap4226). On June 5, 2012, this Court rendered a judgment ordering the Plaintiff to pay damages for delay calculated at the rate of 30% per annum from July 29, 201 to the date of full payment, with respect to the loan and deposit principal of KRW 522,570,796 and the principal of KRW 155,000,000, which were the remainder of the loan and deposit.

On May 14, 2013, the Plaintiff appealed against the above judgment of the first instance (Seoul High Court 2012Na2895), but the Daejeon High Court dismissed the Plaintiff’s appeal on May 14, 2013, and the above judgment of the first instance became final and conclusive as it was due to the Plaintiff’s failure to appeal against the said judgment

(hereinafter the above judgment of the first instance court, which became final and conclusive, is referred to as “instant judgment,” and the obligation of the instant judgment is referred to as “instant obligation”). D.

The Deceased on July 9, 2013 is the Plaintiff.