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(영문) 대전고등법원 2018.09.06 2018나10096

청구이의

Text

1. The judgment of the court of first instance is modified as follows.

On June 5, 2012, the Daejeon District Court Branch of the Defendants for the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) borrowed KRW 15,00,000 from F on December 23, 2005 (hereinafter “the network”) or from F on December 23, 2005 in order to prepare deposits for expenses for collecting aggregate and restoring earth and rocks, which shall be paid to the Office of Budget and Armed Forces in order to obtain permission for the extraction of aggregate in the Chungcheongnam-nam Budget E District.

Around that time, D entered into a guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd.") to issue the said deposit insurance policy on behalf of the said deposit, and F created a pledge on the deposit claim of KRW 511,958,000 in the name of F in order to secure a claim for reimbursement against D's Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd."), which may arise under the said contract.

B. D The principal of the loan amounting to KRW 51,958,000 and KRW 666,958,000 as the principal of the loan amounting to KRW 155,000 and KRW 511,958,000, and D agreed that D shall return it to F by June 30, 2006, and shall pay interest at 2.5% per month to F (hereinafter “the loan in this case”) (hereinafter “the loan in accordance with the above agreement”), the Plaintiff, G, and H shall be jointly and severally liable for the principal and interest of the loan in this case against DF.

C. F filed a lawsuit against the Plaintiff seeking the payment of the principal and interest of the instant loan (Seoul District Court Decision 201Gahap4226, Jun. 5, 2012). The Daejeon District Court rendered a judgment on June 5, 2012 that “the Plaintiff shall pay to F the amount of delay damages calculated at the rate of 30% per annum for the remainder of the principal and interest of the instant loan plus KRW 522,570,796, and for the remainder of KRW 155,00,000 from July 29, 2011 to the date of full payment.”

G (or K) and H partially repaid the principal and interest of the instant loan to F from April 2006 to July 28, 201, 201. Of the judgment above, the Supreme Court Decision 232,749,380 won, July 26, 2009, 232,749,380 won, 116,374,690 won, and 116,374,690 won from July 7, 201, and 22,45. < Amended by Act No. 10978, Jul. 28, 2011>