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Reasons
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(영문) 대구지방법원서부지원 2017.06.28 2016가단21067
구상금
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1. The Plaintiff:

A. Defendant A and C jointly and severally KRW 50,000,000,000;

(b)property inherited from the network D;

Reasons

1. Basic facts

A. On May 13, 2002, the Plaintiff concluded a guarantee insurance contract for the payment of the sales price (hereinafter “instant guarantee insurance contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the insured by setting the insurance period from May 14, 2002 to May 13, 2003.

B. At the time of the conclusion of the instant guarantee insurance contract, when the Defendant Company failed to pay the insured amount to the insured, the Defendant Company agreed to pay the insured amount to the insured immediately, but if delay is made, the Defendant Company shall pay the amount of the insurance amount to the insured by adding the delay interest rate applied by the Plaintiff to the day of the payment

C. Defendant C and the network D (hereinafter “the deceased”) jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant guarantee insurance contract.

The plaintiff paid 50 million won to the insured on September 6, 2002 at the request of the insured on September 6, 2002, because the defendant company failed to perform its obligation to the insured.

E. After Busan District Court Decision 2006Kadan158160, the Plaintiff filed a lawsuit against the Defendant Company, Defendant C, and the Deceased pursuant to the instant guarantee insurance contract on January 24, 2007, and the judgment became final and conclusive around that time by which “the Defendant Company, C, and the Deceased jointly and severally with the Plaintiff about KRW 50,000,000,000 per annum from September 7, 2002 to December 5, 2006, and 20% per annum from the next day to December 5, 2006.”

F. However, the Defendant Company, the Defendant C, and the Deceased did not fully perform their principal and interest obligations on the final and conclusive judgment against the Plaintiff, and the Deceased died with Defendant (Appointed Party), the appointed party E, and the F as of May 29, 2016.

G. Defendant (Appointed Party) and the appointed party.

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