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(영문) 전주지방법원 2017.04.26 2016나5385

구상금

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1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

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Reasons

1. According to each description of evidence Nos. 1 through 5 and the purport of the entire pleadings, the first instance court rendered a favorable judgment against the defendant on April 28, 2010 after serving a notice of the complaint and the date of pleading by public notice. The original copy of the judgment was also served on the defendant by public notice, and the defendant was aware of the fact that the first instance court was sentenced to the judgment on June 16, 2016, and filed an appeal for subsequent completion on June 22, 2016. Thus, the defendant was unable to comply with the period of appeal due to any cause not attributable to the defendant, and filed an appeal for subsequent completion within two weeks from the date on which such cause ceases to exist. Thus, the appeal of this case is lawful.

2. According to the overall purport of Gap evidence No. 1 and No. 5 of the judgment as to the cause of the claim, the defendant purchased an automobile in installments from Hyundai Automobile Corporation (hereinafter referred to as "Nonindicted Company") on August 8, 1990, and entered into an installment sale guarantee insurance contract with the plaintiff and the insured company from June 17, 1990 to June 16, 1995 with the insurance coverage amount of 6,490,000 won. In the above installment sale guarantee contract, where the defendant paid the plaintiff's insurance money due to the occurrence of an insured event for which payment was not made, the defendant would pay the plaintiff's insurance money to the plaintiff within 30 days from the day following the day of the payment of the insurance money and the general loan interest rate for the period exceeding 30 days, the amount of delayed interest rate for the financial institution's damages on the day of change, and the amount of delay damages on the date of change from the date of payment to the non-party company.

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