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(영문) 서울중앙지방법원 2020.02.14 2019나35321
구상금청구소송
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On July 23, 1997, the Defendant entered into an insurance contract for livelihood security funds with the Plaintiff (D Co., Ltd. prior to the merger) in addition to the insurance coverage amount of 20 million won in preparation for the unredeemed of the Defendant’s loans, and the period from July 14, 1997 to November 13, 2005, where the insured non-party company, the Plaintiff, and the Plaintiff paid the insurance money due to the occurrence of an insured event, the Defendant paid the insurance money to the Plaintiff in addition to the insurance money and delayed payment damages from the following day (20% per annum from August 22, 1999, and 19% per annum from the following day).

As the Defendant did not pay the above loan debt to the non-party company and the insured event occurred on October 24, 1998, the Plaintiff paid KRW 15,994,352 to the non-party company on July 3, 199.

The Plaintiff filed a lawsuit against the Defendant on November 15, 200 by filing a claim for the reimbursement of the above insurance amount with the court 2000 Ghana 143600, and was sentenced by the above court on November 15, 200 to the judgment that “the Defendant shall pay to the Plaintiff 16,362,440 won (i.e., KRW 15,994,352 won as the above insurance money until August 22, 1999) and KRW 15,994,352 as the interest rate of KRW 19% from August 23, 1999 to the day of full payment (hereinafter “prior judgment”). The above judgment became final and conclusive on December 15, 200.

As of March 28, 2002, the above indemnity claim amounting to KRW 15,310,332 (i.e., the above insurance money amounting to KRW 15,94,352 - the refund amount to KRW 684,020) and the delay damages amounting to KRW 8,256,698 remain.

[Reasons for Recognition: Each entry in Gap evidence (including paper numbers) and the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the defendant shall pay to the plaintiff the above principal and interest amounting to KRW 23,567,030 (=15,310,332 won, KRW 8,256,698) and the remaining principal and interest amounting to KRW 15,310,332 from March 29, 2002, which is the day following the above basic date, unless there are special circumstances.

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