(영문) 대전지방법원 2015.04.28 2015가단2833

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(영문) 대전지방법원 2015.04.28 2015가단2833

구상금

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1. The Defendants jointly share the Plaintiff KRW 87,869,480 and KRW 85,106,440 among them, from January 22, 2015 to February 4, 2015.

Reasons

1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 5 (including branch numbers if there are branch numbers) as to the cause of the claim, the facts of the cause of the claim in the separate sheet can be acknowledged.

According to the above facts, the Defendants are jointly obligated to pay to the Plaintiff the principal and interest of indemnity amounting to KRW 87,869,480 under the insurance contract of this case as well as the principal amounting to KRW 85,106,440 from January 22, 2015, which is the day following the above base date, to February 4, 2015, the agreement delay interest rate of KRW 15% per annum under the agreement delay interest rate and delay damages calculated by 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The Defendants asserted as to the Defendants’ assertion that the Plaintiff’s claim is unjustifiable, since Pyeongtaek-si withdraws the claim for insurance money and is expected to return the insurance money received from the Plaintiff with respect to the payment guarantee for vicarious execution under the instant insurance contract.

On the other hand, the defendants' obligation to pay the above amount of the insurance money is not retroactively extinguished solely on the ground that the above insurance money is expected to be returned to the plaintiff with the permission required by the defendants in Pyeongtaek-si. However, after the occurrence of the above circumstances, the defendants can seek the payment of the amount equivalent to the amount of the insurance money returned through separate procedures or take measures to offset the amount of the refund claim and the claim for the indemnity of this case.

Therefore, the defendants' arguments cannot be accepted.

3. According to the conclusion, the plaintiff's claim shall be accepted for all reasons, and it is so decided as per Disposition.

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