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(영문) 서울중앙지방법원 2017.07.13 2017가단18918
구상금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 72,535,608 as well as KRW 10,154,59 as to the Plaintiff from October 1, 2015.

Reasons

1. Facts of recognition;

A. The Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded two installment sales guarantee contracts with the Plaintiff to purchase vehicles from the Plaintiff for the purpose of purchasing vehicles in installments, and the Defendant B jointly and severally guaranteed the entire obligation owed by the Defendant Company to the Plaintiff due to each of the above insurance contracts.

Serial No. 1 C Insurance coverage period of the subscription to an insurance policy, 6.6 million won from September 13, 1994 to September 2, 1997, KRW 14.190,000,000 from September 25, 1994 to December 24, 1997.

When concluding each of the above insurance contracts, if the insured event occurred due to the failure of the defendant company to perform the contract with the insured, and the plaintiff pays the insurance proceeds, the defendant company shall immediately compensate for it, but if delayed, the overdue interest rate of 14% per annum shall be applied from the day following the date of payment of the insurance proceeds until 30 days from the day after the date of payment of the insurance proceeds, and for the period exceeding 30 days, the defendant agreed to compensate by adding damages for delay in accordance with the overdue interest rate set by the plaintiff within the highest overdue interest rate set out

C. After that, the Defendant Company caused an insured incident, and the Plaintiff paid KRW 5,708,211 on May 19, 195 under the above 1 contract to the Young Automobile Co., Ltd., and KRW 12,989,547 on June 29, 195 under the above 2 contract.

With respect to this case, the Plaintiff filed a claim for reimbursement by Seoul Central District Court Decision 2007Gada1941641, and confirmed the Defendant Company upon receipt of the performance recommendation decision on August 11, 2007, and received a favorable judgment on March 4, 2008 against Defendant B.

The Defendants jointly and severally with the Plaintiff KRW 18,697,758 and KRW 12,989,547 as to KRW 14% per annum from June 30, 1995 to July 29, 195; 17% per annum from the next day to October 22, 1995; and 18% per annum from the next day to the date of full payment.

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