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(영문) 전주지방법원 2016.09.07 2014나9994

근저당권말소

Text

1. Revocation of a judgment of the first instance;

2. All of the claims filed by the Plaintiff against the Defendant (Appointed Party) and the designated parties.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee insurance contract with the N company, with the aim of guaranteeing the payment of the N company’s installment payment obligation in entering into an installment sales contract with the Hyundai Automobile Company. The Plaintiff entered into the installment sales guarantee contract with the following content:

On June 10, 1992, June 10, 1992, June 10, 1991, when the insurance contract was concluded, the securities number V WX insurance amount of 42,90,000 won 5,990,000 won 55,990,990,000 won for the insurance period of 55,990,000 won on October 18, 191 to October 18, 1991; < Amended by Presidential Decree No. 14865, Oct. 17, 1994; Presidential Decree No. 14860, Jun. 10, 1992; Presidential Decree No. 14870, Jun. 10, 1995; Presidential Decree No. 14870, Jun. 9, 1995>

B. The terms and conditions of the guarantee insurance contract and the terms and conditions of the guarantee insurance contract are as follows: (a) if the policyholder pays the insurance proceeds to the insured due to nonperformance with the insured, the policyholder shall immediately pay the insurance proceeds to the insured; (b) if delayed payment is made, the damages for delay shall be paid; (c) the late payment interest rate of 14% per annum from the day following the payment date of the insurance proceeds to the 30th day from the day following the payment date of the insurance proceeds; (d) the commercial bank’s general loan interest rate for the period exceeding 30 days agreed to be applied to the rate set by the company within the maximum interest rate set by the company;

C. On February 17, 1993; February 9, 1993; and June 9, 1993, the Plaintiff paid KRW 52,430,643; and KRW 43,474,141 on March 15, 1994 to the Hyundai Automobile Company with insurance money, respectively. < Amended by Presidential Decree No. 13574, Feb. 26, 1994; Presidential Decree No. 13568, Feb. 26, 1994; Presidential Decree No. 14435, Mar. 30, 1994; Presidential Decree No. 14474, Mar. 15, 1994>

(2) Since then, the Plaintiff filed a claim for indemnity against the N and joint guarantor, the principal debtor, Seoul Central District Court No. 96Da43964, 2010dan263207.