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(영문) 서울중앙지방법원 2017.04.05 2016나59708
구상금
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. Basic facts

A. The Plaintiff asserted against the Defendant that “The Plaintiff paid KRW 5,135,523 of the insurance money to the insured on October 15, 1991 according to the installment sale guarantee contract between April 25, 1991 and October 24, 1993,” and that “The Defendant paid KRW 5,135,523 of the insurance money to the insured on November 19, 196,” and that “the amount from the day following the 16th day of November 16, 1991 to November 14, 1991 to 30% of the annual interest rate from the 196th day of December 196 to the 19th day after the 196th day of December 196, 196,” and that “the 19th day after the 19th day of October 16, 199 to the 19th day after the 19th day of December 19, 1991.”

B. On June 9, 2006, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the claim established by the instant prior judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1, 2, 5, 6, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff 5,135,523 won with 11.5% per annum from October 16, 1991 to November 14, 1991, 19% per annum from the next day to November 30, 191, 21% per annum from the next day to February 28, 193, 20% per annum from the next day to March 31, 1993, 17% per annum from the next day to October 22, 1995, and 18% per annum from the day to the day of complete payment.

3. Judgment on the defendant's assertion

A. The Plaintiff and installment sales guarantee insurance contract.

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