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(영문) 서울중앙지방법원 2017.07.12 2016가단5273843

구상금

Text

1. Defendant A’s year from November 8, 2016 to November 29, 2016, with respect to KRW 40,739,420 and KRW 38,175,910 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 17, 2015, in order to secure loans to Defendant A’s Korean Teachers’ Credit Union, the Plaintiff entered into a guarantee insurance contract for the stabilization of livelihood (hereinafter “instant guarantee insurance contract”) with the content that the Korean Teachers’ Credit Union, the insurance amount of 40,926,400 won, and the insurance period from September 17, 2015 to October 16, 2025 (hereinafter “instant guarantee insurance contract”).

B. According to the instant guarantee insurance contract, in the event that the Plaintiff pays the insurance money, the Defendant A paid the insurance money subrogated by the Plaintiff immediately, but in the event of delay, the amount calculated by adding damages for delay pursuant to the interest rate determined by the Plaintiff from the day following the date of payment of the insurance money to

C. Defendant A was not repaid after receiving a loan from the Korean Teachers' Credit Union.

Accordingly, the Korean Teachers' Credit Union claimed insurance money under the instant guarantee insurance contract to the Plaintiff, and on March 21, 2016, the Plaintiff paid KRW 40,175,910 to the Korean Teachers' Credit Union.

(hereinafter “instant claim for reimbursement”). D.

As of November 7, 2016, the claim for indemnity of this case is equivalent to KRW 40,739,420 in total, including the principal of insurance proceeds to be paid, KRW 38,175,910, and KRW 2,563,510, and KRW 40,739,420 in total, and as of January 1, 2016, the rate of delay damages for the claim for indemnity of this case determined by the Plaintiff as of January 1, 2016 is 6% per annum for 30 days from the date following the date of payment of insurance proceeds, 9% per annum for 31 days from 30 days

E. The Defendants reported a marriage on October 1, 2003 and provided one child under the chain. The Defendants filed an application for confirmation of intention of divorce with the Cheongju District Court Decision No. 2015No. 327 around November 24, 2015, which was around November 24, 2015, but did not obtain confirmation of intention of divorce from the court by failing to appear on two occasions at the date of confirmation of intention of divorce.

F. On November 20, 2015, Defendant A around the above time, a list of the attached Form, which is the only real estate of Defendant B.