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(영문) 서울중앙지방법원 2017.07.18 2016가단156622

구상금

Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several KRW 380,043,562 and KRW 42,142,521 among them, respectively. < Amended by Act No. 13592, May 2015>

Reasons

1. Facts of recognition [based on recognition: Fact that there is no dispute, each entry in Gap's evidence 1 through 6, and purport of the whole pleadings];

A. On February 3, 1990, the Plaintiff entered into a lease insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for the purpose of guaranteeing the payment guarantee of rent, etc. from the Central Lease Co., Ltd., by setting forth six years from the date of issuance of the insurance policy, for the guarantee of the payment guarantee of rent, etc. for the Defendant Co., Ltd., the Defendant Co., Ltd., the insured Central Lease Co., Ltd., the insurance amount of KRW 23,00,000, and the certificate of the receipt of the lease of the insurance period. Defendant B and the network J jointly and severally guaranteed all the obligations under the said lease insurance contract owed by the Defendant Co., Ltd to the Plaintiff.

B. On December 11, 1990, the Plaintiff paid KRW 23,000,000 to the Central Lease Co., Ltd., which claimed insurance money in accordance with the above lease guarantee insurance contract.

C. The plaintiff filed a claim for reimbursement against the defendant company, B, J, and other joint and several sureties as Seoul District Court Decision 95Ga26818, and sentenced on October 12, 1995 that "the defendant company, B, and J jointly and severally and jointly paid 137,32,048 won and 89,409,878 won among them, 21% per annum from February 7, 1992 to February 28, 1993, 20% per annum from March 1, 1993 to March 31, 1993, and 17% per annum from March 1, 1993 to March 31, 1993." The above judgment became final and conclusive at that time.

The plaintiff above C.

On September 1, 2005, for the interruption of extinctive prescription of a claim based on the final and conclusive judgment under paragraph (1), the Seoul Central District Court (2005da26509) filed a lawsuit for the claim for indemnity on April 11, 2007 with the Seoul Central District Court (2005Da334,353, and 44,824,838 won, jointly and severally, to the Plaintiff, were sentenced to the judgment of April 30, 2002 to 19% per annum from April 30, 2002 to December 6, 2006, and 20% per annum from the following day to the date of full payment. The above judgment was sentenced to the judgment on May 26, 2007.