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(영문) 서울중앙지방법원 2016.07.14 2015가단5384371
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 115,922,824 as well as KRW 36,350,640 among them, from September 1, 2015.

Reasons

1. Facts of recognition;

A. On October 11, 1999, the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee”) concluded a guarantee insurance contract with Defendant A and Defendant A for the payment security of deposits due to permission for change of the form and quality of land, which was obtained from the Maan-gun, the Maan-gun, and the Maan-gun, the Maan-gun, and the Maan-gun, the Maan-gun, and Defendant B jointly and severally guaranteed the liabilities for the Seoul Guarantee

B. On June 3, 2003, the Seoul Guarantee filed a claim for the payment of performance guarantee against the Seoul Guarantee, and the Seoul Guarantee paid KRW 40,506,000,000 as insurance money to the father-gun.

C. After paying the insurance money to the Busan District Court 2003Gadan33105, Seoul Guarantee filed a lawsuit against the Defendants as the Jeonju District Court 2003Gadan33105, and the Defendants asserted the lawsuit by appointing an attorney, but the above court rendered a judgment in favor of the Seoul Guarantee on February 2, 2005 that the Defendants jointly and severally paid the principal of the subrogation to the Seoul Guarantee amounting to KRW 40,506,000 and the damages for delay thereof, and the judgment was finalized on March 1, 2005.

From the Seoul Guarantee on May 13, 2005, the Plaintiff acquired 40,506,000 won of the remaining principal as of March 31, 2005 against the Defendants and its incidental claims, and notified the Defendant A of his acquisition of the claim.

E. The remainder of the principal and interest as of August 31, 2015 is the total of KRW 36,350,640, and interest for delay plus KRW 115,922,824.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 6, purport of the whole pleadings

2. According to the facts seen earlier, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 115,922,824 and the remaining principal amount of KRW 36,350,640, which is the date following the calculation base date, to the Plaintiff at the rate of 17% per annum from September 1, 2915 to the date of full payment.

On the other hand, the Defendants signed and sealed the terms of the Authorization and Permission Guarantee Insurance Agreement with Seoul Guarantee.

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