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(영문) 서울중앙지방법원 2016.10.20 2016가단21412

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 742,898,649 and KRW 239,931,665 among them.

Reasons

1. Facts of recognition;

A. Defendant A entered into an auction guarantee insurance contract of KRW 324,218,90 with the insurance coverage amount from June 23, 2005 to June 22, 2006, and Defendant B, C, and D jointly and severally guaranteed the obligations of Defendant A with respect to the Plaintiff.

B. Defendant A failed to perform the contract for the insured, and the Plaintiff paid the insured insurance amount of KRW 324,218,900 on September 23, 2005 at the request of the insured.

C. On July 27, 2006, the Plaintiff filed a lawsuit against the Defendants as Seoul Central District Court Decision 2006Kadan9192, and received a favorable judgment from the above court on July 27, 2006, stating that “The Defendants jointly and severally paid to the Plaintiff 337,720,610 won and 324,218,90 won among them, with 19% per annum from December 13, 2005 to May 3, 2006, and 20% per annum from May 4, 2006 to the day of full payment.” The above judgment became final and conclusive around that time.

Afterward, the Defendants paid KRW 84,287,235 out of the above judgment amount and paid KRW 239,931,665 as of September 30, 2015, and KRW 502,96,984 as of September 30, 2015.

E. The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim based on the foregoing final judgment.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Defendant A’s assertion that it is insolvent, but the above assertion does not constitute a ground to dismiss the Plaintiff’s claim, and thus, the above assertion is rejected.

3. Conclusion Claim of the Plaintiff