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(영문) 서울중앙지방법원 2017.08.24 2017나6084
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Around August 12, 1994, the defendant concluded a small loan guarantee contract with the non-party Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the "non-party company") for the loan obligation of KRW 5,00,000,000 from the Il Life Insurance Co., Ltd. during the loan period from August 12, 1994 to August 11, 199, and between the non-party Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the "the non-party company") and the insurance amount of KRW 5,50,000,000 and the insurance period from August 12, 1994 to October 10, 199, and the defendant joint and several surety in the above guarantee insurance contract.

B around August 12, 1994, as to the loan obligation of KRW 5,00,00,000 from Jeju Life Insurance Co., Ltd. during the loan period from August 12, 1994 to August 11, 199, B entered into an insurance contract for small loan guarantee between the non-party company and the insurance coverage amount of KRW 5,50,000,000, and the insurance period from August 12, 1994 to October 10, 199, and the defendant guaranteed B in the above insurance contract.

The non-party company filed a lawsuit against the defendant and Eul with the Seoul District Court 96da16734, and on June 4, 1997, the above court ruled that "the defendant jointly and severally, 5,435,97 won, and 14% interest per annum from November 4, 1995 to December 3, 195, and 18% interest per annum from the next day to the day of full payment, and 5,436,683 won and its interest per annum from June 10, 195 to July 9, 1995, 14% interest per annum from July 10, 1995 to October 22, 1995, and 16% interest per annum from the next day to December 3, 1995 to the day of full payment."

(hereinafter referred to as the “instant claim”). The non-party company aims at the interruption of the extinctive prescription of the instant claim against the Defendant and B by Seoul Central District Court No. 2007Gada1367694 on March 15, 2007.

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