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(영문) 대구지방법원 2018.01.11 2017가단11657
청구이의
Text

1. The defendant's decision of performance recommendation against the plaintiff on May 30, 2001 was based on the Daegu District Court Decision 2001Na10020 dated May 30, 2001.

Reasons

1. Basic facts

A. On December 19, 195, the Plaintiff and the Defendant concluded a guarantee insurance contract (hereinafter “instant contract”) as follows.

b. Plaintiff and policyholder: Amount of guarantee for the repayment of principal and interest of loans and insurance coverage: 22,00,000 won and insurance coverage period; from December 19, 195 to February 16, 2001: Telecommunication Life Insurance Co., Ltd. (hereinafter referred to as “ Telecommunication Life”)

B. The Plaintiff and the Defendant agreed in the instant contract as follows:

(B) No. 1-2 of the Evidence No. 1-2. Where the Plaintiff was unable to repay the principal and interest of the principal of the school life and the Defendant pays insurance proceeds to the Plaintiff, the Defendant shall pay to the Plaintiff 14% per annum from the day following the payment of insurance proceeds to the 30th day from the day following the payment of insurance proceeds, and damages for delay calculated by applying the interest rate set by the Defendant within the maximum of the overdue interest rate from

(Article 3(1) and (3). In addition to damages for delay, the Defendant shall immediately pay to the Plaintiff the costs of lawsuit, claims preservation, and expenses incurred in the execution of claims, and other expenses to be borne by the Plaintiff under the Act.

(Article 3(2). If the amount collected by the Defendant’s collection of the claim or the amount repaid by the Plaintiff is insufficient to extinguish the full amount of the obligation agreed upon in Article 3, the Plaintiff would be subject to appropriation by the Defendant in the order of the expenses under Article 3(2), the payment insurance money, and the damages for delay

(Article 9). (c)

On December 19, 1995, the Plaintiff borrowed KRW 20,000,00 from the teaching life.

The teaching life claimed insurance money to the defendant on the ground of the plaintiff's long-term delay.

On February 21, 200, the defendant paid insurance proceeds of KRW 19,398,113 (the balance of the loan principal of KRW 18,000,000, overdue interest of KRW 1,398,113) to school life life.

After that, the defendant received 15,016,300 won from the plaintiff and appropriated it to the principal of the indemnity amount (19,398,113 won). The principal and interest of the indemnity amount as of March 21, 2001 shall be 6,759.

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