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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On March 2, 2008, the Plaintiff, a guarantee insurance company running guarantee business, concluded a guarantee insurance contract with the insured as F Co., Ltd. F, the insurance amount of KRW 20,000,000, and the insurance period from January 14, 2008 to January 13, 2009 with the content of guarantee as payment guarantee for credit goods (sale price for goods), and agreed to pay damages for delay in addition to the interest rate set by the Plaintiff within the maximum overdue interest rate among the overdue interest rates set forth by the Banking Act from the following day to the day of full payment when the Plaintiff pays insurance money on behalf of the Plaintiff due to non-performance of the principal obligation.
Defendant B jointly and severally guaranteed the deceased’s liability for reimbursement against the Plaintiff.
B. On October 7, 2008, the Plaintiff paid KRW 20,000,00 to F Co., Ltd., the insured, as insurance proceeds, due to the Plaintiff’s failure to perform the principal obligation. On December 1, 2008, the Plaintiff filed a lawsuit claiming compensation against the Deceased and the Defendant B (hereinafter “previous lawsuit”).
On January 22, 2009, the above court rendered a recommendation of execution with the purport that "the deceased and the defendant B shall jointly and severally pay to the plaintiff 20,000,000 won with 19% per annum from October 8, 2008 to the date of final delivery of a copy of the complaint of this case, and 20% per annum from the next day to the date of full payment." The above decision was delivered to the deceased and the defendant B for the last time on January 7, 2009 and did not raise any objection, and became final and conclusive on January 22, 2009.
C. After that, Defendant B paid 10,000,000 won to the Plaintiff on December 21, 2009 and appropriated the said money to the Plaintiff for KRW 897,594 and the principal amount of the insurance money to be paid in KRW 9,102,406, the deceased and Defendant B paid to the Plaintiff at the time of December 21, 2009 shall be the remainder of the principal amount of the insurance money to be paid.