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(영문) 광주지방법원 순천지원 2018.08.23 2017가합13947

추심금

Text

1. B On March 20, 2014, the face value of KRW 500,000,000 for the Defendant, the payee, the Defendant, and the date of issuance, issued on March 20, 2014, and the date of payment.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, 2, 4, and 6 (including provisional numbers; hereinafter the same shall apply);

(B) the statement Nos. 1 and 5, the fact-finding inquiry and reply to the medical corporation of this Court to the medical corporation of this Court, the order for submission of tax information, results of reply to the order for submission of the court's reading and listening to the entire pleadings, and the purport of the entire pleadings

A. The Plaintiff’s indemnity claim (1) on November 30, 2012, the Plaintiff entered into a guarantee insurance contract with the limited company C (hereinafter “Nonindicted Company”) and the insured, setting the term of insurance KRW 219,804,182, and the insurance period from April 15, 2013 to April 15, 2018, respectively, and the director B of the Nonparty Company jointly and severally guaranteed the Nonparty Company’s indemnity liability against the Plaintiff.

(2) On June 15, 2013, the Plaintiff paid insurance money of KRW 202,570,730 to the insured on October 25, 2013 when an insured incident occurred.

(3) On May 22, 2014, the Plaintiff filed a claim for reimbursement against Nonparty Company and B (U.S. District Court Decision 2014Da7549) and sentenced Nonparty Company and B to pay jointly and severally the Plaintiff KRW 202,570,730, and its delay damages. The said judgment became final and conclusive after the said judgment.

(4) As of November 3, 2017, the Plaintiff’s claim for indemnity against B is KRW 310,244,00 (= Principal KRW 202,570,730, KRW 107,673,270).

B. On March 20, 2014, B, including B’s issuance of promissory notes, issued to the Defendant a notarial deed, “The amount of face value KRW 500,000,000,000, the addressee, the Defendant, the date of issuance, March 20, 2014, the date of payment, March 31, 2014, the place of issuance, and each time at which payment is made,” and on March 20, 2014, a notarial deed recognizing compulsory execution as to the obligation of the said promissory note.

(2) On April 4, 2014, the Defendant issued the instant notarial deed as the title of execution KRW 500,315,950 = Principal KRW 500,00,000 = Costs of executing KRW 315,950, the amount of which is KRW 315,950 to a medical corporation specified in B’s medical corporation (hereinafter “foreign medical corporation”), as to the wage claim against the Jindo Medical Foundation (hereinafter “foreign medical corporation”), Gwangju District Court Order 2014TTT2757.