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(영문) 서울중앙지방법원 2014.11.25 2014가단5031519
양수금
Text

1. The Plaintiff:

A. As to Defendant A and C’s joint and several KRW 69,486,429 and KRW 22,314,037 among them:

(b) Defendants B, D, E, and.

Reasons

1. Facts of recognition;

A. On April 20, 2001, Defendant A entered into a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Nonindicted Company”) with the content of guaranteeing the repayment obligation of the principal and interest amounting to KRW 27.5 million, and the insurance period from April 28, 2001 to June 27, 2003.

B. I and Defendant C provided a joint and several surety for all the Defendant A’s obligations arising out of the above guarantee insurance contract on the same day.

C. The non-party company paid insurance money equivalent to KRW 27,230,096 to Korea Life Insurance Co., Ltd. on October 10, 2002.

On June 28, 2013, the non-party company transferred the claim for reimbursement arising from the payment of the above insurance money to the Plaintiff. On January 28, 2014, the Plaintiff notified the Defendant A of the transfer of the above claim upon delegation by the non-party company.

E. As of February 5, 2014, the principal and interest of the reimbursement claim as of February 5, 201 is KRW 69,486,429, including the principal amount of KRW 22,314,037.

G. Meanwhile, on April 13, 2007, I (hereinafter “the deceased”) died and succeeded to the deceased at the ratio of 1/6 shares of Defendant A, B, D, E, F, and G, a child.

[Ground of recognition] Gap 1 to 5 evidence

2. Determination

A. According to the above facts as to Defendant A, B, C, D, E, F, and G, Defendant A and C are jointly and severally liable to pay the above amount of KRW 69,486,429 and the principal amount of KRW 22,314,037 among them, and Defendant B, D, E, F, and G are jointly and severally liable to pay the above amount of KRW 69,486,429 and KRW 9,926,633 of the above amount of KRW 69,486,429 (each 1/7) and damages for delay calculated at the rate of KRW 17% per annum from February 6, 2014 to the date of full payment, as sought by the Plaintiff.

B. As to Defendant H, the Plaintiff succeeded to the deceased as his mother’s child, and Defendant H succeeded to the deceased’s deceased status after his death.

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