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(영문) 부산지방법원 2017.04.07 2016나44506
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On December 9, 1996, the Defendant concluded an installment sales guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (Seoul Guarantee Insurance Co., Ltd.: hereinafter “Seoul Guarantee Insurance Co., Ltd.”) and the Co-Defendant B of the first instance trial, setting the insurance amount of KRW 11,880,00, the insurance amount of KRW 11,880,000, and the insurance period from December 8, 1996 to June 7, 1999.

B. On September 1, 1997, Seoul Guarantee Insurance paid KRW 9,822,020 to the Young Automobile Co., Ltd., the insured in accordance with the above guaranty insurance contract due to the occurrence of the insurance accident.

C. After that, Seoul Guarantee Insurance Co., Ltd. received a provisional attachment order issued by the Daegu District Court 98Kadan6608 to preserve the claim for indemnity against the Defendant and B arising from the payment of the above insurance money (hereinafter “instant claim for indemnity”).

On July 2, 2002, Seoul Guarantee Insurance filed a lawsuit against the Defendant and B for the claim for reimbursement under this Court Decision 2002Ga32349, and in the lawsuit above, “The Defendant and B shall jointly and severally pay the Seoul Guarantee Insurance the amount of KRW 14,184,878, and the amount of KRW 9,82,02,020 per annum from August 23, 1999 to September 24, 2002; and KRW 25% per annum from the following day to the date of full payment.” The Seoul Guarantee Insurance was sentenced to a favorable judgment of the Seoul Guarantee Insurance, which became final and conclusive on October 22, 2002.

E. On May 13, 2005, the Plaintiff entered into a contract with the Seoul Guarantee Insurance Co., Ltd. to transfer the claim for indemnity amount, and thereafter, pursuant to special cases concerning the requirements for setting up against the assignment of claims under Article 7(1) of the Asset-Backed Securitization Act, the Plaintiff notified the Defendant of the said transfer of claims as the assignee of claims, and issued the above notification to the Defendant on January 25, 2017.

F. As of July 4, 2012, the details of the claim for indemnity of this case that the Plaintiff transferred as above are indicated below, and the overdue interest rate of the claim for indemnity of this case is 17% per annum.

Items of financial institutions;

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