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(영문) 서울중앙지방법원 2018.01.31 2017가단64492
구상금 청구의 소
Text

1. The Plaintiff:

A. Defendant A and B, within the scope of property inherited from Nonparty A G, respectively, KRW 202,151,614 and KRW 614.

Reasons

1. Basic facts

A. On February 11, 1991, the network G (hereinafter “the network”) leased concrete pumps from the Korea Development Lease Co., Ltd. (hereinafter “Small Company”), and entered into a lease guarantee insurance contract with the Plaintiff, setting the insurance amount of KRW 255,00,000, and the insurance period as five years from the date of issuance of the certificate of receipt of the leased object (hereinafter “instant contract”). At the time of the said contract, Defendant C, D, E, and F jointly and severally guaranteed the deceased’s liability for indemnity against the Plaintiff.

B. After that, the Plaintiff paid KRW 148,851,51 to the non-party company in subrogation of the deceased on September 6, 1994 as the insured event occurred because the deceased did not perform his duty that was concluded with the non-party company.

C. After June 2, 1997, the deceased died on June 2, 1997 and succeeded to the deceased’s property 1/2 shares. The plaintiff filed a claim for reimbursement against the Defendants on November 28, 2007 with the Seoul Central District Court Decision 2007Kadan185314, and filed a claim for reimbursement against the Defendants on November 28, 2007, with the above court “164,692,353 won, and 164,693,352 won, and 31,39,125 won among them, and 25% interest per annum from May 16, 2007 to the day of full payment, and with the judgment of the court below 329,386,75 won, and with the above 25% interest per annum from May 16, 207 to the day of full payment (the judgment below 2005Da57279,579, Jun. 27, 2007).

On September 30, 2015, the unpaid principal among the pre-judgments as of September 30, 2015 is KRW 32,622,80, and the unpaid interest amount is KRW 371,680,420.

[Ground of Recognition] Defendant A, B: Defendant C, D, E, and F of Article 150 (Voluntary Confession) of the Civil Procedure Act: The absence of dispute, each entry in the evidence of subparagraphs A1 through 6, and the purport of the whole pleadings

2. Determination

A. The facts of the above recognition as to the cause of the claim.

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