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Reasons
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(영문) 대전지방법원 2017.11.09 2017가단8934
구상금
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1. The Defendants jointly and severally pay to the Plaintiff KRW 140,948,360 and KRW 12,936,729 among them.

Reasons

1. Facts of recognition;

A. On June 29, 1989, Defendant A entered into a lease guarantee insurance contract with the Plaintiff by setting the insurance amount of KRW 70 million and the insurance period as five years from the date of issuance of the certificate of receipt of the leased object (hereinafter “instant contract”) with the Plaintiff as a joint and several liability for the Plaintiff at the time of the said contract.

B. After that, as a result of the occurrence of an insurance accident by Defendant A’s failure to perform the duty of agreement with the non-party company, the Plaintiff repaid KRW 55,316,212 to the non-party company on December 15, 1992 on behalf of the above defendant on behalf of the non-party company. Accordingly, the plaintiff filed a lawsuit against the defendants as Seoul District Court 96Da26076, and was sentenced to the judgment in favor of the plaintiff (hereinafter “the judgment of this case 1”) on July 9, 1997. The above judgment became final and conclusive around that time.

C. On April 30, 2007, the Plaintiff filed a lawsuit against the Defendants on the claim for indemnity amounting to KRW 32,412,831 of the outstanding principal and interest on delay in the payment of the judgment amount to the Daejeon District Court 2007Kadan26285 to extend the prescription period, and on July 11, 2007, the judgment of the court below rendered that “the Defendant jointly and severally rendered a judgment with the Plaintiff for KRW 33,985,932 and KRW 32,412,831 from February 17, 1993 to December 28, 1993; KRW 20% per annum from the next day to October 31 of the same month; KRW 17% per annum from the next day to October 22, 1995; and KRW 18% per annum from the next day to the date of full payment (hereinafter “the judgment of the case”).

[Ground of Recognition] Facts without dispute, a significant fact in this court, and a statement in Gap evidence 1 to 6 (including branch numbers, if any) 2.

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