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(영문) 대구지방법원 2017.01.11 2016가단118070
부당이득금
Text

1. The plaintiff's respective claims against the defendants are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 1, 2009, the Plaintiff entered into a performance guarantee insurance contract with C on January 1, 2009 with “Korea Life Insurance Co., Ltd. with the insured, the insured amount of KRW 100 million, and the insurance period from January 1, 2009 to June 30, 2010. On April 5, 2011, the Plaintiff paid KRW 100 million to the Korea Life Insurance Co., Ltd. on May 6, 2011. (2) The Plaintiff filed a lawsuit against C to seek reimbursement of KRW 2014Ga-2548 with the Gwangju District Court Decision 2014Ga-2548, the above court rendered a judgment of KRW 119,688,520, and KRW 100,000,000,000 to KRW 100,000,000,000 per annum from the following day to June 16, 2014.”

3) The principal and interest of the Plaintiff’s claim for indemnity as of February 29, 2016 as of 156,798,108 [the principal and interest of the judgment KRW 119,68,520 for delay damages of KRW 37,109,58 (the interest of KRW 15% per annum from April 16, 2014 to May 16, 2014; KRW 15% per annum 1,273,972; KRW 20% per annum from May 17, 2014 to February 29, 2016] The Plaintiff’s claim for indemnity as of 156,798,108 [the interest and interest of KRW 119,68,520 for delay damages of KRW 30,535,616] is as of the establishment of a mortgage as of KRW 205,500 for each real property indicated in the separate list (hereinafter “each real property”).

2. The Gumbol Credit Union and Defendant A, a first priority collective security right holder of each of the instant real estate, have commenced upon application.

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