beta
(영문) 서울중앙지방법원 2016.07.13 2016가단9061

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 272,744,625 and KRW 277,38,310 among them. < Amended by Presidential Decree No. 1429, Oct. 14, 1994>

Reasons

1. Facts of recognition;

A. On August 31, 1993, Defendant A Co., Ltd. concluded a payment guarantee insurance contract with the Plaintiff in order to guarantee the payment of lux oil and lux oil sales proceeds. At the time, Defendant B Co., Ltd, C, D, and networkF guaranteed the Defendant A’s indemnity liability against the Plaintiff.

B. On October 13, 1994, the Plaintiff paid insurance money of KRW 300 million to the Yang Yong-sung Co., Ltd.

C. The deceased TF died in 2001, Defendant E inherited his property solely, and obtained approval from the deceased F. D.

The plaintiff filed a lawsuit against the defendants, etc. for the claim of indemnity amount as Seoul Central District Court 2005Kadan32638, and the above court rendered a judgment against the defendants on April 5, 2006 that "the defendants jointly and severally, as to the plaintiff, 272,74,625 won and 277,38,310 won among them, 14% per annum from October 14, 1994 to November 12, 1994, 17% per annum from the next day to February 16, 2006, and 20% per annum from the next day to the full payment date, and the defendant E paid the above money within the limit of property inherited from the netF."

E. On January 21, 2016, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the said judgment.

[Reasons for Recognition] · Defendant A, B, C, and D: Each entry in the evidence Nos. 2, 3, 4, and 6

2. Determination

A. According to the facts of the above recognition as to the plaintiff's claim, the defendants jointly and severally pay to the plaintiff 272,744,625 won and 277,38,310 won among them, 14% per annum from October 14, 1994 to November 12, 1994, 17% per annum from the next day to February 16, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the full payment date. Defendant E is obligated to pay the above money within the limit of the property inherited from the netF.

B. Defendant E’s assertion