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(영문) 서울중앙지방법원 2015.09.09 2015가단74617
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 47,627,763 and KRW 47,394,014 among them, from November 30, 2014.

Reasons

1. We examine the judgment as to the plaintiff's claim, and according to Gap's evidence Nos. 1 through 3, the facts as to the reasons for the annexed claim (However, the creditor, the debtor, the defendant, the defendant) can be recognized. Thus, the defendant A is jointly and severally liable to pay to the plaintiff 47,627,763 won and the plaintiff 47,394,014 won in subrogation and the balance of the principal of subrogation among them 30 days after the date the plaintiff subrogated to the plaintiff 30 days after November 30, 2014 until February 3, 2015, the defendant B, the delivery date of a copy of each complaint, shall be from the date when 30 days elapsed since the date the plaintiff subrogated to the plaintiff, and the defendant A, the rate of interest of 9% per annum from the following day to July 24, 2015, and the damages for delay calculated by 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2. The defendant's defense is merely a simple guarantor for the above insurance contract concluded between the plaintiff and the defendant Eul, and therefore, the plaintiff must first execute the above insurance contract and receive the claim amount. However, according to the above facts of recognition, since the defendant Eul can be acknowledged the facts that he is a joint guarantor, not the defendant A's guarantor for the above insurance contract, the defendant Eul is not the principal debtor, but the highest search right to request the main debtor to execute the above insurance contract and to execute the property first, and there is no other evidence to prove that the above rights have been established under the above insurance contract, and therefore the defendant Eul's defense is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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