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(영문) 전주지방법원정읍지원 2015.05.20 2014가합2452
양수금
Text

1. Defendant A, B, and C shall be jointly and severally liable, and Defendant D shall be jointly and severally inherited from the network E.

Reasons

1. Facts of recognition;

A. On August 9, 1994, the Korea Guarantee Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Korea Guarantee Insurance Co., Ltd. (hereinafter “Korea Guarantee Insurance”) concluded a guarantee insurance contract with the Defendant Co., Ltd. (hereinafter “Korea Technology Finance Co., Ltd.”) for the payment of technology development funds to be paid to the Korea Technology Finance Co., Ltd. (hereinafter “Korea Technology Finance Co., Ltd.”). ① from August 9, 1994 to May 26, 1999; ② from August 9, 1994 to May 26, 199; ② from August 9, 1994 to August 15, 199; and ② from August 9, 199 to August 15, 199; and the Defendant B, C, and E (hereinafter “the network”) jointly and severally guaranteed the obligation to guarantee the Defendant Co., Ltd. under each of the above guarantee insurance contracts.

B. After concluding a guarantee insurance contract as above, the Defendant Company delayed the payment of technology development funds to be paid to the Korea Technology Finance, and the Korea Security Insurance Co., Ltd. paid KRW 1,739,809,730 to the Korea Technology Finance on October 16, 1995 on the ground that the insured events stipulated in each of the above guarantee insurance contracts have occurred.

C. After collecting part of the subrogated amount from the Defendant Company, the Korea Guarantee Insurance Co., Ltd. transferred to the Plaintiff the claim for reimbursement of KRW 1,540,648,200 against the Defendants and the claim for the joint and several surety amount. Around that time, notified the Defendants of the assignment of the claim.

The plaintiff collected KRW 611,03,990 out of the above indemnity amount in the auction procedure of the real estate rent, and thereafter filed a lawsuit against the defendant company, the defendant Eul, and the deceased for the claim of the transfer amount of KRW 929,64,64,210 ( KRW 1,540,648,200 - 61,03,990), plus KRW 484,166,166 ( KRW 929,64,64, 210, 484, 216,256), and the principal amount of KRW 929,64,210 from October 17, 195 to November 15, 1995, up to 1,403,810,466 ( KRW 929,64,210) and from the following day to November 19, 198; and

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