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(영문) 광주고등법원 2020.04.29 2019나22035
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

On July 31, 1996, the Plaintiff entered into a guarantee insurance contract with G to which the insured is H Co., Ltd., and the insured amount is KRW 495,00,000, and the insurance period is from July 31, 1996 to July 30, 1999 (hereinafter “the first guarantee insurance contract”) and with I, respectively, with the content that the first guarantee insurance contract and the insured, the insurance amount, and the guarantee insurance contract with I share the same insurance period (hereinafter “the second guarantee insurance contract”). At the time of entering into the second guarantee insurance contract, G jointly and severally guaranteed the obligation of I to the Plaintiff under the above contract.

On August 13, 1998 and July 22, 1998, the Plaintiff paid insurance money under the first and second surety insurance contract to H Co., Ltd., the insured.

Accordingly, the Plaintiff acquired the claim for indemnity under the first guarantee insurance contract and the claim for indemnity under the second guarantee insurance contract against G respectively (hereinafter “instant claim”).

G was deceased on March 8, 2007, and the heir was the spouse of T, V, U, W, X, X, Y, F, as the heir of this case, and there was K, as the spouse of the deceased Z (G's child and died on October 3, 200).

The remaining successors, excluding F, J, and K, have waived their inheritance, and F, J, and K reported to the Family Court on December 21, 2007, an inheritance limited acceptance on inheritance (hereinafter referred to as the above successors collectively referred to as “Korean Government Inheritors”), and the limited successors’ inheritance shares are 5/10, 3/10, 2/10, and 2/10.

The sum of principal and interest of the instant claim as of September 21, 2018 is KRW 2,834,646,130.

The establishment of each of the instant collective security rights, and the establishment of each of the instant collective security rights, and the transfer registration of ownership in the name of G was completed with respect to the M & M & M & M & M, M & M & O-based buildings (hereinafter “each of the instant real estate”), M & M & M, N andO-based buildings (hereinafter “each of the instant real estate”). However, G made each of the instant real estate as joint security.

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