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(영문) 서울중앙지방법원 2015.07.17 2015나15121
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a loan transaction agreement with Nonparty C on October 7, 2004, the loan extended to KRW 10 million, the loan extended to Nonparty C, and the loan extended to October 7, 2010 on the expiration date. The Plaintiff filed a lawsuit claiming the loan on the ground of the expiration date and filed a lawsuit claiming the loan. On February 8, 2012, “1,518,361 won and damages incurred by delay at the rate of 21% per annum from April 30, 2011 (Seoul Central District Court Decision 2011Na2415951)” and the above judgment became final and conclusive as it is.

B. Meanwhile, on April 29, 2004, Nonparty C entered into an E insurance contract with the Defendant as of April 29, 2004, with the insured D (198), monthly payment of KRW 200,000,000,60 (5 years), insurance period of 22 years, maturity date of 20 years, and with April 29, 2020. The main coverage of the above insurance contract is as follows.

(hereinafter “instant insurance contract”). The amount to be accumulated at the time of maturity until the expiration of the insurance period refers to the amount to be accumulated at the time of maturity until the expiration of the insurance period, which is the amount calculated by deducting the additional premium and risk premium from the insurance premium of this contract, by the rate of interest rate-based loan interest rate for the interest-based product – 1.5% from the payment date.

Death insurance money: The accumulated amount at the time of death at the time of death at the time of 15 years of age before the age of 15,000,000 won after the death at the time of death, medical expenses, surgery expenses, etc.

C. On January 22, 2013, the Plaintiff filed a claim attachment and collection order with respect to the refund, etc. to be paid by the Defendant upon the termination of the insurance contract in this case by the Jung-gu District Court 2013TT on January 22, 2013, with the claim claim amounting to KRW 15,266,319 based on the above final judgment, and received a decision of acceptance on January 24, 201. The above decision was served on the Defendant on

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 2, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties.

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