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(영문) 서울중앙지방법원 2016.07.13 2015나72056
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On March 16, 2015, the Plaintiff filed a lawsuit claiming a loan (Seoul Central District Court 2014Da263397) against △△△△, and filed a lawsuit claiming a loan (Seoul Central District Court 2014Da26397), and rendered a judgment that “A shall pay to the Plaintiff 100,326,982 won and 100,000,000 won with interest rate of 13.25% per annum from December 13, 2014 to the date of complete payment; and that “A shall pay to the Plaintiff interest rate of 13.25% per annum from December 13, 2014 to the date of full payment; and that “A shall be jointly and severally paid to the Plaintiff at the rate of 36,00,000 won, 200,000 won per annum 18% per annum from May 6, 2015 to the date of full payment.”

B. A entered into an insurance contract with the Defendant on November 9, 2004 as listed below.

The due date of the due date of the insurance premium payment for the product name No. 1 (free) number , number , new elbows Savings-Accumulation type (10 years) C/ 500,000 on November 2, 2014 (10 years) D/ 50,000 on May 9, 2014.

Upon the Plaintiff’s request, the Seoul Central District Court 2015TTT 2015TT 13209 issued a collection order (2014TT 2014TT 252205, claim amount 33,559,04, claim amount) and the collection order (2015TT 2014T 26397, claim amount, 108,832, claim amount) with claims against the Defendant under each of the above insurance contracts. The above 2014T 2014T 26397, claim amount, and collection order (108,832, claim amount) were served on the Defendant on June 8, 2015; and the above 2015TT 13209 and collection order were served on July 28, 2015, respectively.

On June 15, 2015, after the maturity date of each of the above insurance contracts, a refund based on the insurance contract Nos. 1 of the above Table as of June 15, 2015 is 37,621,924, and a refund based on the insurance contract No. 2 of the above Table is 37,62

(see Evidence A 3-3).

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