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(영문) 부산지방법원 동부지원 2018.11.22 2018가단216010

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 156,583,436 and the amount of KRW 33,348,403 among them, from June 12, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On January 1, 1997, the Defendant entered into a guarantee insurance agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) on the obligation of KRW 27,796,850, which the Defendant shall pay to the said Office of Education on February 5, 1997 in accordance with the contract for fire-fighting construction related to the new construction of B elementary school teachers between the Defendant and the Busan Metropolitan Office of Education.

B. On August 1, 1997, the non-party company paid KRW 27,657,990 to the Busan Metropolitan City Office of Education, the insured, the Busan Metropolitan City Office of Shipping on August 1, 1997.

C. Around July 1995, the Defendant entered into a guarantee insurance agreement with the non-party company as to the installment payment obligation that the Defendant shall pay to the said stock company from July 9, 1995 to January 8, 1999, pursuant to the automobile installment sales contract concluded between the Defendant and E.

On September 26, 1997, the non-party company paid KRW 5,690,413 to E Co., Ltd., the insured non-party company due to the Defendant’s failure to pay the above debt.

E. The non-party company is above October 29, 2013.

claim for indemnity due to the payment of the insurance money stated in this subsection and

The claim for indemnity based on the payment of the insurance money stated in the claim (referring to the above two claims for indemnity, hereinafter referred to as "each claim for indemnity of this case") was transferred to the Plaintiff, and at that time notified the Defendant of the assignment of the claim.

F. As of June 11, 2018, the principal of each of the instant claims for indemnity amounting to KRW 33,348,403 (i.e., the principal of the instant claims for indemnity amounting to KRW 27,657,90 for the repayment of the principal of the instant claims for indemnity amounting to KRW 27,697,90 for the repayment of the principal of the instant claims for subrogation amounting to KRW 5,690 for the principal amount due to the repayment of the second subrogation amount, and overdue interest is KRW 123,235,03 for the overdue interest amounting to KRW 123,235,03 for the period from the date of the payment

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The defendant's main defense to the safety.