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(영문) 부산지방법원 2014.05.16 2013가단58695
구상금 등
Text

1. Defendant A’s KRW 68,825,633 as well as 6% per annum from September 14, 2012 to October 13, 2012 to the Plaintiff.

Reasons

1. As to the plaintiff's claim against the defendant A

(a)as shown in the annexed sheet for indicating the claim;

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. As to the plaintiff's claim against the defendant B

A. On January 209, the Plaintiff entered into a guarantee insurance contract with the social group (hereinafter “new wave social group”) that provides the insured with the amount of insurance coverage, the insurance coverage period of KRW 100,000,000, and the insurance period of December 2, 2009 to December 31, 201, and the content of the guarantee is the insurance company’s guarantee obligation to return fees. At the time of the guarantee insurance contract, C guaranteed the obligation of the social group that provided the said guarantee insurance contract.

B) At the time of the conclusion of the aforementioned guarantee insurance contract, the Plaintiff agreed to pay the Plaintiff insurance money in addition to the interest rate determined by the Plaintiff in the event that the social group, etc., that new wave occurred between the social group, etc., and the social group, etc., did not perform the obligation to refund fees to the school life insurance company, and the Plaintiff paid the insurance money on behalf of the Plaintiff. (C) On January 13, 2011, the school life insurance company claimed insurance money under the above guarantee insurance contract against the Plaintiff on the ground that the subscription contract becomes null and void and void, and the Plaintiff subrogated for KRW 79,339,073 to the school life insurance company on September 13, 2012.

2) C’s act of disposing of property (hereinafter “instant real estate”) between Defendant B and his grandchildren on August 24, 2010, as indicated in the separate sheet owned by him (hereinafter “instant real estate”).

34,000,000 of the sales price (hereinafter “instant sales contract”) is deemed to be the sales contract.

(2) On August 25, 2010, the registration of the transfer of ownership in the name of Defendant B (hereinafter referred to as “the transfer of ownership”), which was based on the instant sales contract, was concluded.

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