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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The Plaintiff:
A. Defendant A pays 8,893,269 won and B.
Reasons
1. The following facts may be found, either in dispute between the Parties or in Gap evidence 1 to 6 (including paper numbers), in full view of the inquiry results on the admission of the office of this Court and the entire purport of the pleading. A.
On August 2, 1990, the Plaintiff concluded an installment sales guarantee insurance contract between D and D (E) as the insured, which guarantees the payment of the installment, with respect to the purchase of the automobile from D and D as the installment for the automobile from D & D Co., Ltd., and between July 24, 1990 and July 23, 1995.
B. In the event that the Plaintiff and D did not pay the insurance money to the Plaintiff by failing to pay the installments when concluding the installment sales guarantee contract under the preceding paragraph, D entered into an agreement with the Plaintiff to pay damages for delay at the rate set by the Plaintiff within the maximum overdue interest rate out of the loan interest rate of financial institutions under the Banking Act from the day following the date of payment of insurance money to the date of full payment.
C. D did not pay the installment for the automobile to the Daewoo Automobile Co., Ltd., the Plaintiff paid the insurance proceeds of KRW 7,162,985 to the above company on November 22, 1990.
The plaintiff filed a lawsuit against D with the Seoul Central District Court 2005Gada1137486 to seek the repayment of the insurance money paid as above. On June 28, 2005, the judgment of the court below became final and conclusive as follows: "D shall be 11.5% per annum from November 23, 1990 to December 22, 1990; 19% per annum from the next day to November 30, 191; 21% per annum from the next day to February 28, 193; and 20% per annum from the next day to March 31, 1993; and 17% per annum from the next day to the date of full payment."
(hereinafter referred to as the “instant final judgment”). E.
D is declared missing by the Incheon District Court 2006Ra2397 and August 30, 2004.