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(영문) 서울중앙지방법원 2017.02.10 2015가단5127929

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 69,639,275 and the interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. (1) On October 196, 1996, the Plaintiff concluded two guarantee insurance contracts with C Co., Ltd. and D with respect to the performance of construction contracts, and B jointly and severally guaranteed each of the above guarantee insurance contracts.

On March 20, 1998, the Plaintiff filed a lawsuit against D, the insured, seeking the payment of the amount of indemnity after paying the insurance money under each of the above surety insurance contracts to D, the insured, and then filed a lawsuit against B.

(2) The Seoul Central District Court held on February 22, 1999 that "B" was jointly and severally with C Co., Ltd. and 257,945,859 won and the corresponding amount 1998;

3. From 21. to April 19, 198, 14% per annum, 27% per annum from the following following day to July 14, 1998, and 25% per annum from the next day to the date of full payment, the above judgment was finalized around that time. (3) The plaintiff filed a lawsuit for the extension of prescription again, and the Seoul Central District Court rendered a final judgment of 2008Ra369 decided that "B shall jointly and severally with C Co., Ltd. and jointly with C Co., Ltd. and jointly pay to the plaintiff 542,412,129 won and its 86,391,127 won per annum from August 23, 2008 to October 14, 2008, and that of 20% per annum from the next day to the date of full payment (the above judgment became final and conclusive around 200Ra369).

(4) As of April 21, 2015, the remaining amount of claims based on the above finalized judgment is KRW 205,848,710.

B. B: (a) on January 15, 2008, the Defendant’s face value of KRW 150 million; (b) the payment date on July 15, 2008; (c) Daejeon; (d) the place and place of payment; and (e) the payment date on July 15, 2008; and (e) the Promissory Notes one (1) the payment date on July 15, 2008.

AB issued the E Joint Office on July 25, 2008, as the E Joint Office No. 6675 of 2008, the sum of KRW 150 million shall be paid by July 29, 2008, and if delay is made, the amount shall be paid by July 29, 2008, and if delay is made, damages for delay shall be paid by 30% per annum, and if default is made, there shall be no objection, even if compulsory execution is conducted, and the debt shall be repaid.