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(영문) 서울중앙지방법원 2017.01.10 2016가단103284
구상금
Text

1. The Defendants jointly and severally pay KRW 40,456,422 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee insurance contract and the joint and several surety between Defendant A and the Plaintiff entered into an installment sales guarantee insurance contract with Hyundai Motor (State), the insured amount of insurance coverage of KRW 29,700,000, and the insurance period of the insurance contract from September 8, 1995 to September 7, 1998.

In the above contract, the above defendant agreed to pay the insurance money if the plaintiff delayed the payment of the payment of the insurance money, but the above defendant agreed to pay 14% per annum from the day following the date of payment of the insurance money to the 30th day after the date of payment of the insurance money, and damages for delay at the interest rate set by the plaintiff

Defendant B guaranteed the above Defendant’s indemnity liability against the Plaintiff.

B. On February 29, 1996, the Plaintiff paid insurance money of KRW 27,182,579 to Hyundai Motor (State) on February 29, 1996.

C. The judgment and the partial repayment Plaintiff filed a lawsuit against the Defendants for the claim for the agreed amount (the Incheon District Court Decision 2006Da127466). On February 14, 2007, the above court sentenced the Defendants to jointly and severally pay KRW 47,295,376 to the Plaintiff. The above judgment became final and conclusive around that time.

Since then, the defendants are partly repaid and currently liable for 40,456,422 out of the judgment amount.

2. The Plaintiff has the interest in filing a lawsuit for the interruption of prescription for the claim for the above judgment amount.

The Defendants are jointly and severally liable to pay to the Plaintiff KRW 40,456,422.

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