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1. Of the judgment of the court of first instance, KRW 5,728,050 against the Defendant jointly and severally with the Plaintiff among the judgment of the court of first instance, and KRW 1,086,410 among them.
Reasons
1. Basic facts
A. On September 18, 1996, B entered into a contract of installment sales guarantee insurance (hereinafter “instant guarantee insurance contract”) with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with the insured treatment installment Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”), the insurance amount of KRW 9,350,000, and the insurance period from June 5, 1996 to June 8, 1999. The agreement of installment sales guarantee insurance (hereinafter “instant insurance agreement”) prepared for the instant guarantee insurance contract is signed and sealed by the Defendant and the first instance co-defendant D.
B. On November 8, 1996, B entered into an installment financing agreement (hereinafter “instant installment financing agreement”) with Hyundai Capital Co., Ltd. (hereinafter “Modern Capital Co., Ltd.”), setting the loan amount of KRW 10,40,00,00, repayment period of KRW 36 months, delay delay rate of 24%, and agreed on the installment financing agreement (hereinafter “instant installment financing agreement”). The application for installment financing and the agreement (hereinafter “instant installment agreement”) written for the instant installment financing agreement are signed and sealed by the Defendant.
C. On April 15, 1997, Seoul Guarantee Insurance paid KRW 8,653,263 to the insurance company, the insured, in accordance with the instant guarantee insurance contract, due to the occurrence of an insured event.
Seoul Guarantee Insurance Co., Ltd. (hereinafter “instant claim for indemnity”) arising from the payment of the above insurance money, and Hyundai Capital Co., Ltd. transferred to the Plaintiff the claim arising from the installment financing agreement of this case (hereinafter “instant installment financing claim”) on May 13, 2005, respectively. As of March 31, 2005, the claim for indemnity of this case was KRW 1,086,410 as of March 31, 2005, and damages for delay, and the claim for installment financing of this case was KRW 10,400,000 as well as interest and damages for delay.
E. The plaintiff on June 16, 2005 of this case to B.