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(영문) 서울중앙지방법원 2019.08.23 2019가단5123932
구상금
Text

1. As to KRW 40,177,10 and KRW 39,979,950 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 40,17,110 from November 17, 2018 to May 1, 2019.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 4, the facts identical to the statement in the grounds for the claim (However, "creditors" shall be "Plaintiffs" and "debtors" shall be "Defendants", respectively) can be acknowledged. Accordingly, according to the credit insurance contract in this case, the defendant is obligated to pay to the plaintiff 40,177,10 won in total (197,160 won in fixed interest rate of 39,979,950 won in subrogation) as of November 16, 2018 and the remaining principal 39,979,950 won in total, as of November 17, 2018 to May 1, 2019, the statutory interest rate of 201.37% per annum from the day after the date of service of the original copy of the payment order in this case to May 1, 2019 to the date of enforcement of Paragraph 15 (2) of the former Act on Special Cases Concerning the Promotion, etc. of Lawsuit No. 19.

(1) The Plaintiff’s claim for damages for delay pertaining to the period after June 1, 2019 is justified only within the amount calculated at the rate of 12% per annum, and the remainder of the claim is without merit). Accordingly, the Defendant asserts to the effect that, on the ground that the Defendant was not the actual debtor under the instant credit insurance contract, and only lent only the name of the loan obligor and credit policyholder as the Defendant merely formally, and did not use the loan. Thus, the Plaintiff cannot comply with the instant claim.

However, the defendant is merely the nominal owner of the contract without the defendant's intent to assume obligations under the actual credit insurance contract.

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