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(영문) 대전지방법원 2019.01.15 2018나3296
구상금
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

Facts of recognition

The co-defendant C of the first instance trial (hereinafter referred to as the "C") entered into an installment transaction agreement with D Co., Ltd. (hereinafter referred to as the "Co., Ltd.") for the purchase of E (hereinafter referred to as the "automobile of this case"). In order to secure the payment of installments, the Co., Ltd. and the insured Co., Ltd. (hereinafter referred to as the "Co., Ltd.") entered into the installment sale guarantee insurance contract (hereinafter referred to as the "Guarantee Insurance Contract of this case") with the insured Co., Ltd. from March 6, 1990 to March 5, 193.

C delayed the performance of the non-performance obligation, and lost the benefit of time on August 5, 1992, the non-party company filed a claim with the Plaintiff for the payment of insurance money under the guarantee insurance contract of this case. On October 16, 1992, the Plaintiff paid KRW 1,334,186 to the non-party company as insurance money.

Under the instant guarantee insurance contract, where the Plaintiff pays the insurance money, C agrees to pay the Plaintiff the maximum interest rate of general loans within one year in commercial banks from the day following the payment of the insurance money to 30 days, and damages for delay calculated by applying each ratio of the interest rate in arrears in financial institutions for the period exceeding 30 days. The Defendant jointly and severally guaranteed C’s indemnity liability.

Around December 1, 2006, 400,380 won out of the principal amount of the Plaintiff’s indemnity claim against C was 93,806 won (i.e., KRW 1,334,186 - KRW 933,806). The total damages for delay of the indemnity claim arising during the period from October 17, 1992 to March 21, 2017, is 5,09,745 won.

The plaintiff filed a lawsuit against the defendant for the claim for the reimbursement of the above amount of reimbursement (the Daejeon District Court 2007Gaso89464) and the above court's "the defendant shall jointly and severally pay the plaintiff 4,300,667 won and 933,806 won with C the interest of 18% per annum from December 2, 2006 to the date of full payment."

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