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(영문) 서울중앙지방법원 2015.01.13 2013가단312568
구상금
Text

1. The Plaintiff:

A. Defendant Do metal, B, A, C, D, and E are jointly and severally liable for 985,732,972 and their 125,545.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a guarantee insurance contract with the above Defendant on December 23, 1996, setting the insurance coverage amount of 800 million won, and the insurance period of 200 million won from December 24, 1996 to February 23, 1997, for the guarantee of the payment of the price for goods to the Defendant Nam Metal Co., Ltd.

B. Around that time, the deceased G (Death on February 28, 2009) and the defendant B, C, D, and E were jointly and severally guaranteed the obligation of indemnity against the plaintiff of the defendant Nam Metal Co., Ltd. under the above insurance contract.

C. On April 3, 1998, the Plaintiff paid insurance money of KRW 800 million to Pluxan Co., Ltd., the insured, and subsequently filed a claim for reimbursement against the Defendant Nam metal, net G, Defendant B, C, D, and E, and then received the payment of the amount calculated at each interest rate for the period from April 4, 1998 to April 24, 2003, the Seoul District Court rendered a favorable judgment (323,154,820 won, and the amount of interest calculated at the rate of KRW 19% per annum from April 25, 2000 to October 16, 2003, and damages for delay calculated at each interest rate for the period from April 4, 1998 to April 24, 200).

The above judgment became final and conclusive around that time.

In the death of the deceased G, Defendant B (B, inheritance shares 3/7), Defendant F (F, inheritance shares 2/7), Defendant H (the inheritance shares 2/7), and Nonparty H (the inheritance shares 2/7, death on March 2, 2014, and withdrawal of action) inherited the deceased.

(I) The deceased's children I shall be deceased on April 26, 199).

Defendant F was adjudicated on May 2, 2014 on the acceptance of the inheritance limit approval by the Incheon District Court 2014-Ma1358.

F. Of the Plaintiff’s claim for reimbursement, KRW 674,454,272 was repaid, and as of June 13, 2012, the amount of credit was totaling KRW 985,732,972 (i.e., principal KRW 125,545,728, delay damages, KRW 860,187,244).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 6, the purport of whole pleadings

2. According to the above facts of determination, with respect to the Plaintiff’s total sum of the principal and interest of the indemnity amount of KRW 985,732,972 and the principal amount of KRW 125,545,728 of the Plaintiff jointly and severally, 20% per annum from June 14, 2012 to the day of full payment, which is the day following the date of calculating the final damages for delay.

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