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(영문) 서울중앙지방법원 2018.12.18 2018나53728
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. Facts of recognition;

A. When the defendant purchases a vehicle from a vehicle from a vehicle owner, he/she entered into an installment sales guarantee contract with the plaintiff as the insured in order to guarantee the payment of the installment payment obligation and entered into the installment sales guarantee contract with the plaintiff.

Serial Insurance Policy Insured’s Type of Insurance coverage period from September 5, 1993 to September 4, 1995, the Defendant C Climate Vehicles (ju) KRW 5,940,000 from September 5, 1993 to September 4, 1995, and Defendant D Air Vehicles (ju) KRW 8,800,000 from September 10 to May 9, 1995.

B. At the time of concluding each guarantee insurance contract, the Plaintiff and the Defendant agreed to pay the insurance proceeds to the Plaintiff immediately when the Plaintiff, the policyholder, failed to perform an agreement with the insured, and the Defendant agreed to pay the insurance proceeds to the insured by adding the damages for delay pursuant to the interest rate applied by the Plaintiff within the maximum of 14% per annum from the day following the date of payment of the insurance proceeds to the 30th day from the day following the date of payment of the insurance proceeds to the 30th day from the day following the day

C. After that, the insured did not perform the obligation to pay the installment, and the insured did not claim insurance money against the Plaintiff based on the guaranty insurance policy issued in accordance with each of the above guaranty insurance contracts, and the Plaintiff Nos. 194

On May 27, 1994, 5,292,320 won, and the above sequences are set forth.

On June 29, 1994, 7,863,985 won was paid to the insured respectively. D.

The plaintiff filed a lawsuit against the defendant and B on March 27, 1999, and on April 29, 199, "the defendant shall be jointly and severally with the plaintiff 13,156,305 won and 5,292,320 won from May 28, 1994 to June 26, 1994; 14% per annum from June 27, 1994 to October 22, 1995; and 18% per annum from October 23, 1995 to January 24, 198; from January 3, 1998 to January 14, 198; and

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