(영문) 서울중앙지방법원 2015.08.18 2015나21768

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.08.18 2015나21768

구상금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Of the instant lawsuit, the part of the claim against the Defendant.

Reasons

1. Basic facts

A. On September 10, 1998, Co-Defendant B of the first instance trial concluded an insurance contract for installment sales guarantee with the Plaintiff and the insured from September 4, 1998 to September 3, 2001, in order to secure the repayment of the installment amount, with the purchase of one automobile (hereinafter referred to as “fiat fishing”) from an aircraft automobile sales company (hereinafter referred to as “non-party company”).

At the time of the above contract, where B did not repay the above installment payment, and the Plaintiff paid the insurance money at the request of the insured, B agreed to pay the Plaintiff with the interest rate in arrears calculated by adding the interest rate in arrears as determined by the Plaintiff within the maximum of the interest rate in arrears among the interest rate in arrears in commercial banks from the day after the payment date to the day

The defendant guaranteed the above contractual obligations B on the same day.

B. B delayed the repayment of the above installment, the Plaintiff paid KRW 9,020,000 to the non-party company upon the request of the non-party company on December 28, 199.

C. The plaintiff filed a lawsuit against B and the defendant with Busan District Court Decision 2002Gapo32682 on July 5, 2002, "B shall jointly and severally with the defendant to pay the plaintiff 9,020,000 won with 19% interest per annum from December 29, 1999 to October 8, 2002, and 25% interest per annum from the next day to the date of full payment." On October 30, 2002, "the defendant shall pay the plaintiff 9,020,000 won with 19% interest per annum from December 29, 199 to October 8, 2002, and 25% interest per annum from the next day to the date of full payment" (hereinafter referred to as "the judgment of this case").

The decision of performance recommendation was made on July 26, 2002, and the first decision of this case became final and conclusive on November 26, 2002.

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. Before the proposal.

유사 판례

-부산지방법원 2016.05.27 2015가단235885

-부산지방법원 2015.12.10 2014가합49756

-부산지방법원 2017.09.14 2017나2295

-부산지방법원 2017.04.07 2016나44506

-광주지방법원 2018.09.20 2018나523