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1. C and D, the litigation of Defendant Helver B (F students), jointly and severally, KRW 45,057,206 against the Plaintiff and the Plaintiff on June 16, 2018.
Reasons
1. Basic facts
A. On April 17, 2017, the Plaintiff entered into a guarantee insurance agreement with the non-party company, the insured H, the insurance coverage amount of KRW 50,00,000, and the insurance coverage period from April 14, 2017 to April 13, 2018 in order to guarantee the payment of the obligation that the non-party company will be liable for the payment of petroleum products, etc. from H Co., Ltd. (hereinafter “H”). The Plaintiff and D jointly and severally guaranteed this on the same day.
B. The Plaintiff paid KRW 45,057,206 to H around June 15, 2018, when the Plaintiff paid the insurance money to the insured, the Plaintiff and the non-party company agreed to pay damages for delay in accordance with the interest rate determined by the Plaintiff from the day following the payment date. The interest rate determined by the Plaintiff is 6% per annum until the 30th day from the day following the payment date of the insurance money and 9% per annum from the following day.
C. On July 2, 2018, the Deceased concluded a sales contract with Defendant E by setting the sales price of KRW 152,00,000 for the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the Deceased completed the registration of ownership transfer for the instant real estate to Defendant E.
On the other hand, the deceased died on August 20, 2019, during which the instant lawsuit was pending, and his heir died on or around August 20, 2019, and there were C and I (hereinafter “Defendant C”). The I was rendered a judgment of renunciation of inheritance under the Lo Government District Court 2019Mo1732, and Defendant C became a sole heir upon receiving a judgment of refusal of succession by inheritance under the Lo Government District Court 2019Mo1733.
【Defendant D’s ground for recognition: 【Settlement of Confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) against Defendant C and E: dispute.