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(영문) 광주지방법원 2015.09.23 2014가단526422
양수금
Text

1. The defendant shall pay to the plaintiff KRW 81,981,032 as well as KRW 22,00,000 among them, from August 31, 2015 to the day of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. According to the evidence evidence Nos. 1 through 6, the Korea Guarantee Insurance Co., Ltd. concluded a contract with the Defendant on October 17, 1997, setting the insurance coverage amount of KRW 22,00,000, and damages for delay rate of KRW 17%. Under the above contract, the Korea Guarantee Insurance Co., Ltd. subrogated to the Samsung Life Insurance Co., Ltd. for a loan. Seoul Guarantee Insurance Co., Ltd. on May 13, 2005, the Seoul Guarantee Insurance Co., Ltd. transferred the claim for indemnity against the Defendant to the Plaintiff on August 30, 2015. The balance of indemnity as of August 30, 2015 can be recognized as constituting the cause of the principal amount of KRW 22,00,000,000, and delay damages amount of KRW 59,981,032, and the Defendant is obligated to pay the Plaintiff the amount calculated as 17% per annum from August 31, 2015 to the date of full payment.

B. The Defendant asserted that the Plaintiff’s above claim had expired by prescription, but according to the evidence No. 5, the Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against the Defendant and received a favorable judgment on December 10, 2004, and it can be recognized that the judgment became final and conclusive at that time, and it is apparent in the record that the instant lawsuit was filed on October 1, 2014, before ten years elapse from that time, and thus, the statute of limitations has been suspended. Accordingly, the Defendant’s above assertion is without merit.

2. 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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