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(영문) 서울남부지방법원 2015.01.14 2014가단230591
양수금
Text

1. The defendant shall pay to the plaintiff KRW 78,533,366 and KRW 22,00,000 among them, 17% per annum from August 5, 2014 to the date of full payment.

Reasons

1. Basic facts

A. In receiving a loan from the non-party Samsung Life Insurance Co., Ltd. (hereinafter “Seoul Life Insurance Co., Ltd.”), the Defendant concluded two small loan guarantee insurance contracts (hereinafter “the instant guarantee insurance contract”) with the non-party surety Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) as security for the repayment of the principal and interest of loan as follows.

The insured coverage period guarantee of Defendant Samsung Bio-resources 10,000,000 won from August 19, 1994 to October 17, 1999; and 2, Defendant Samsung Bio-resources 11,000,000 won from August 19, 1994 to October 17, 199.

B. Upon entering into the instant guarantee insurance contract, if the Seoul Guarantee Insurance Co., Ltd. pays the insurance money by failing to repay the principal and interest of loan, the Defendant shall immediately compensate for it, but the delayed interest rate shall be 14% per annum from the date following the payment of the insurance money to the 30th day from the date following the payment of the insurance money, and for the period exceeding 30 days, the Seoul Guarantee Insurance Co., Ltd. agreed to compensate by adding damages for delay

C. After that, the insured event that the Defendant could not pay each of the above principal and interest of Samsung Bio-resources occurred, Seoul Guarantee Insurance paid the insurance proceeds of KRW 22 million (11 million x 2) on March 22, 2000 to Samsung Bio-resources.

On June 28, 2013, Seoul Guarantee Insurance transferred the claim for reimbursement against the Defendant under the instant guarantee insurance contract to the Plaintiff, and notified the Defendant of the said transfer on June 23, 2014.

E. Meanwhile, as of August 4, 2014, the Plaintiff’s claim for reimbursement against the Defendant as of August 4, 2014 is KRW 78,53,366 in total [2]. The interest rate on the said claim as determined by the Plaintiff is the date on which the assets of the said claim are finalized.

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