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1. The part against the defendant in the judgment of the first instance shall be modified as follows:
The defendant is co-defendant B of the first instance trial.
Reasons
1. Facts of recognition;
A. On May 27, 198, the Plaintiff (the Plaintiff was the Korea Guarantee Insurance Co., Ltd. at the time, but changed to the Plaintiff on November 25, 1998) entered into an insurance contract for installment sales guarantee with the insured Non-party company, the insurance coverage amount of KRW 41,850,00, and the insurance period from May 27, 198 to May 26, 1991, for the guarantee of the payment of the truck purchase price liability to the Asia Automobile Industrial Co., Ltd. (hereinafter referred to as the “Nonindicted Company”), the Defendant Co-Defendant Company B (hereinafter referred to as the “Defendant Company”), D, E, F, and G were jointly and severally guaranteed by the above C at the time of concluding the contract.
B. C did not pay the purchase price of the instant truck, and the non-party company claimed insurance money under the above installment sales guarantee contract to the Plaintiff, and on December 16, 1998, the Plaintiff paid KRW 33,676,393 to the non-party company with the above insurance money.
C. After that, the Plaintiff received part of the above insurance money from C, but still remains due until the date of the closing of argument in the court of the first instance until March 28, 2002, the total of KRW 86,064,571, and the total of KRW 19% per annum of the financial institutions after March 29, 2002, including the fixed delay damages until March 28, 2002, and the total of KRW 73,523,268.
On September 6, 2004, the Plaintiff filed a lawsuit with the Seoul Central District Court against C, Defendant Company, D, E, F, and G seeking the payment of the above insurance proceeds. On February 2, 2005, the above court rendered a judgment in favor of the Plaintiff (Seoul Central District Court Decision 2004Da278793, Apr. 1, 2005) (the above judgment became final and conclusive on March 29, 2002 for the Plaintiff jointly and severally for KRW 86,064,571 and for KRW 12,541,30,03 from March 29, 2002 to December 19, 2004; the next day to December 19, 2004 to the day of full payment).
E. Meanwhile, D died on October 30, 2012.