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(영문) 대전지방법원 2017.08.25 2016가단18293
구상금
Text

1. The Plaintiff:

(a) Defendant A, limited partnership companies B, C, D, E, and F are jointly and severally 62,613,384 won;

(b) the defendant.

Reasons

1. Claim against the defendant G orO

A. 1) Defendant A Co., Ltd. (hereinafter “Nonindicted Company”) is the non-party Z Co., Ltd. (hereinafter “Nonindicted Company”).

In the conclusion of the goods transaction contract with the Defendant limited partnership company B, C, D, E, F, and Nonparty Y, the joint guarantor was the Defendant limited partnership company B, D, E, F, and the insured was the non-party company, and the payment guarantee insurance contract with the insurance amount of KRW 100,000,000 and the insurance period from July 6, 1992 to July 5, 1994 was concluded (hereinafter “instant guarantee insurance contract”).

2) The judgment of the court below, on October 22, 1993, which held that the plaintiff paid KRW 100,000,000 to the non-party company on October 22, 1993, and filed a claim for indemnity amount against the principal obligor and the joint guarantor in the above case, "the defendant jointly and severally pays KRW 89,889,670 to the plaintiff" was finalized on December 2, 2006.

3) After the above judgment, the Plaintiff was paid KRW 27,276,286, and the remainder of damages for delay remains at claim of KRW 62,613,384 as of February 12, 2014. On the other hand, Y, a joint and several surety, died on November 23, 2013. The heir, the spouse of the Defendant G and children, AB, AC, AD, AE, AE, AF, AG, X, and D heir (the spouse and children of AH deceased on October 26, 2009) were AI, AJ, AJ, and AK, and Defendant G received a decision to accept a qualified acceptance report by the Daejeon District Court of Daejeon as of February 12, 2014, and the remaining heir, except Defendant G, was adjudicated to waive the inheritance report by Daejeon Branch 2014 Order 18, Seosan 18, Daejeon 2014 on the same day.

5 Accordingly, Defendant M, who is the children of Defendant H, I, J, K, L, and AB, the second-class heir, and Defendant N,O, AD’s children, Defendant P, Q, AF’s children, Defendant R, Defendant S, T, and U and V, the children of Defendant R, C, T, and X, were inherited, and the said Defendants were the aforementioned Defendants.

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