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(영문) 서울중앙지방법원 2017.01.13 2016가단94151
구상금
Text

1. The Plaintiff:

A. Defendant A shall have full payment of KRW 92,891,445 and KRW 18,659,043 among them from October 1, 2015.

Reasons

1. The following facts are established as follows. ① The plaintiff and the defendant acknowledged the facts as follows: (i) evidence No. 1, evidence No. 2, evidence No. 3, evidence No. 4, evidence No. 5, and evidence No. 6 as a whole among the statements No. 1, evidence No. 2, evidence No. 2, evidence No. 3, evidence No. 4, evidence No. 5, and evidence No. 6.

Around July 1995, the Plaintiff (the Korea Guarantee Insurance Co., Ltd., changed the name as of December 8, 1998, and merged the Korea Guarantee Insurance Co., Ltd., on January 12, 1999; hereinafter referred to as the “Plaintiff”) entered into a guarantee insurance policy (securities number D) with Defendant A to provide the insured status as the non-party Hyundai Motor Co., Ltd. (hereinafter referred to as the “non-party company”), the purchase amount of the insurance amount of KRW 24,420,00, the insurance period of the insurance amount from July 8, 1995 to July 7, 1998, and the installment sales guarantee insurance contract (hereinafter referred to as the “instant guarantee insurance contract”) with the payment guarantee of the installment payment obligation.

At the time of the conclusion of the instant guarantee insurance contract, Defendant A agreed to pay the Plaintiff the insurance money to be paid and the delay interest rate (14% per annum from the day after the date of payment of the insurance money to the 30th day after the date of payment of the insurance money, and from the next day, within the maximum overdue interest rate as determined by the Plaintiff out of the delay interest rate in general loans of private banks) to the Plaintiff.

Doll E and the net B (hereinafter “the deceased”) jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff according to the instant guarantee insurance contract at the time of the conclusion of the instant guarantee insurance contract.

Consolidatedly, the non-party company did not perform its obligation to pay installments by Defendant A on January 10, 1996.

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