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(영문) 수원지방법원 2007.08.17 2006가단102389

구상금

Text

1. The Plaintiff:

A. Defendant A, B, and C shall jointly and severally engage in gold 66,305,445 won and gold 37,67,655 won among them. < Amended by Act No. 593, Aug. 23, 1999>

Reasons

1. Facts of recognition;

A. Defendant A entered into an installment sales guarantee contract with the Plaintiff on June 2005, with the insurance coverage amounting to 39,050,000 won and the insurance coverage period from May 3, 1995 to May 2, 2, 1998, for the purpose of the guarantee of payment of installments in purchasing Acar car from the Korean Automobile Sales Co., Ltd. In the event that the Plaintiff pays the insurance proceeds due to the occurrence of an insured event in the above contract, Defendant A agreed to compensate for the insurance proceeds and damages for delay at the rate of the interest rate set by the Plaintiff within the maximum of the maximum interest rate out of the ordinary interest rate in commercial banks from the next day to the full payment date of the insurance proceeds, and jointly and severally guaranteed by Defendant A.

B. However, on December 1, 1995, Defendant A delayed the payment of the installment payment for the said car, and the Plaintiff paid KRW 37,677,655 to Korea Automobile Sales Co., Ltd. as insurance money.

C. Damages for delay fixed until August 22, 199 with respect to the above insurance proceeds are KRW 28,627,790, and the maximum overdue interest rate for general loans in commercial banks is KRW 19% per annum from August 23, 1999.

On the other hand, on January 5, 2002, F died of Defendant D (Inheritance Shares 3/9), Defendant E, C, and Nonparty G (Inheritance Shares 2/9), who is the wife, as the inheritor on January 5, 2002, and Defendant D and E made a qualified acceptance in respect of the inheritance of the deceased F’s property as the court No. 2003Ra142.

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

2. Determination

A. According to the above facts of recognition, the defendants are obligated to pay to the plaintiff the same money as stated in Paragraph (1) of this Article as the main debtor of the above installment sales guarantee insurance contract, the joint and several obligors, and the heir of the trust of joint and several obligors.

B. As to this, Defendant D and E did not have any property inherited from the deceased F, although Defendant D and E approved the inheritance limit after death of the deceased F, the scope of the property inherited from the deceased F.