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(영문) 수원지방법원 2016.04.27 2015가단59098
구상금(시효연장)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from October 31, 2015, as regards KRW 205,405,437 and KRW 42,521,219 among them.

Reasons

1. Facts of recognition;

A. Defendant A purchased an automobile in installment from Daewoo Automobile Sales Co., Ltd., and concluded an installment sales guarantee insurance contract with the Plaintiff and the insurance coverage amounting to KRW 44 million, and the insurance period from September 2, 1992 to September 1, 1995.

B. According to the above insurance contract, if Defendant A, a policyholder, delays the installment payments, the insured event occurs, and if the Plaintiff pays the insurance proceeds, Defendant A shall immediately compensate for them. If so, 14% per annum for the period exceeding 30 days from the day following the date of payment of the insurance proceeds to the 30th day from the day after the date of payment of the insurance proceeds, and 14% per annum for the period exceeding 30 days, a commercial bank’

C. H, G, and Defendant B Co., Ltd. jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff due to the foregoing insurance contract.

Then, upon occurrence of an insurance accident, the Plaintiff paid the insurance proceeds of KRW 42,728,250 on May 11, 1993, and the Seoul District Court filed a lawsuit claiming the amount of reimbursement (Seoul District Court Decision 94Da46433 on September 2, 1994).

E. The deceased on November 5, 1994, and the defendant C, D, E, and F, their children, jointly succeeded to each of their respective shares of 1/4 shares. The defendant D and F, on November 11, 2004, filed a report on the inheritance-type approval with the District Court Decision 2004Ra567, the above report was accepted on September 15, 2005.

F. The Plaintiff filed against G and Defendant A, B, C, D, E, and F for the interruption of extinctive prescription of the judgment deposit claim in the Seoul Central District Court case No. 2004Gadan269297, Nov. 17, 2005, for the interruption of extinctive prescription of the judgment deposit claim in the Seoul Central District Court No. 94Gadan46433, the Plaintiff filed against the Plaintiff:

(a) A, G, and B shall jointly and severally pay 42,728,250 won and 14% per annum from May 12, 1993 to June 10, 1993 and 17% per annum from the next day to the day of full payment;

B. C and E are jointly and severally with each A, G, and B.

10,682,062 out of the money stated in the subsection, and the same.

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