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(영문) 부산지방법원 2018.01.23 2016가단67638

구상금

Text

1. The defendant shall not exceed 78,546,088 won and the plaintiff within the scope of the property inherited from the deceased B (C).

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a redemption debt guarantee insurance contract with the content that the Plaintiff would pay insurance proceeds in the event of an insured incident due to the failure of the deceased’s failure to perform the obligations or obligations under the State contract as follows.

B

B. The above insurance contract provides that where the Plaintiff paid the insurance money due to the deceased’s failure to perform his/her principal obligation or obligation under the main contract, the deceased shall immediately reimburse the amount equivalent to the insurance money paid by the Plaintiff.

C. The Plaintiff received a claim for the payment of insurance money on October 12, 2016, because the Deceased failed to properly perform his/her obligations or obligations under the main contract. The Plaintiff paid KRW 78,546,088 of the insurance money on October 12, 2016.

On the other hand, the deceased died on July 16, 2016, and the Defendant inherited the deceased’s property. The Defendant filed a petition with the Ulsan District Court 2017 Modan812 for an adjudication on the limited acceptance of inheritance, and the report on the qualified acceptance was accepted on December 15, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 78,546,088 within the scope of the property inherited from the deceased, as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 13, 2016 to June 12, 2017, the delivery date of the copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.