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(영문) 서울고등법원 2019.02.13 2018나2038872

해약환급금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding thereto is dismissed.

2...

Reasons

1. Facts recognized;

A. The status of the parties, etc. 1) Plaintiff (the first trade name was C, but was changed to the present trade name on February 22, 2011.

F) The Defendant is a financial company established by dividing the part of life insurance among the mutual aid projects of the E organization into the part of life insurance under the D Act on March 2, 2012, as well as the part of life insurance under the D Act.

(3) G Co., Ltd. (in the case of a company for convenience from the following year, the term “stock company” among its corporate names is not indicated) is a company aimed at civil engineering construction business. As regards G, rehabilitation procedures began on March 21, 2008 by Seoul Central District Court 2008hap12, and the decision to discontinue rehabilitation procedures became final and conclusive and was declared bankrupt on November 20, 2013. The F was appointed as a G director on June 22, 1997, but was dismissed by the dismissal decision in the rehabilitation procedures as seen earlier on April 3, 2009.

H On March 21, 2008, the Seoul Central District Court rendered a decision to terminate rehabilitation procedures on August 24, 2016.

The F served as H’s representative director from September 18, 2001.

B. On June 1, 2006, the Defendant extended a loan of KRW 500,000,000 (hereinafter “instant loan”) with the interest rate of KRW 8.85% per annum and due date of payment as of June 1, 2008 (hereinafter “instant loan”).

F and G have jointly and severally guaranteed the debt of the instant loan, which was the representative director of H at the time.

C. The name of the goods that entered into a mutual aid agreement: I.D. - the subscription amount: 425,000,000 won - the period of mutual aid: life mutual aid amount: < Amended by Presidential Decree No. 204,799,000; Presidential Decree No. 20420, Nov. 7, 2007; Presidential Decree No. 20447, Nov. 7, 2007; Presidential Decree No. 20377, Nov. 2, 2007; Presidential Decree No. 20357, Feb. 2, 200,