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1. Of the judgment of the first instance, the part against Defendant A in the judgment is modified as follows.
Defendant A is from the Sea J.
Reasons
1. Basic facts
A. On June 16, 1995, the network J (a woman) purchased modern vehicle from Hyundai Motor Vehicle Roster Co., Ltd. (hereinafter “Modern Motor Vehicle”) as a gallony part, and concluded an installment sales guarantee insurance contract with the Plaintiff and the first instance trial co-defendant K as the policyholder as the said J and the insured Hyundai Motor.
(See Evidence A 1 and 2). In the event that J does not pay the installment payment to Hyundai Motor, the Plaintiff’s obligation to pay to the extent of KRW 9,900,000.
When the plaintiff paid insurance money to the plaintiff, the J as the policyholder himself/herself, and the co-defendant K as the joint guarantor of the first instance trial shall jointly and severally pay the plaintiff the insurance money to be paid and the damages for delay calculated by the ratio of 14% per annum (referring to the amount repaid from the day following the payment date of insurance money to 30 days) to the day of full payment from the day following the payment date of insurance money to the day of full payment of the insurance money, or the interest rate in arrears in commercial banks within the maximum of the overdue interest rate determined by the plaintiff
(hereinafter the Plaintiff is entitled to receive the said money (hereinafter referred to as “instant indemnity”).
J did not pay the said installment purchase amount, the Plaintiff paid KRW 8,728,699 to Hyundai Motor on February 28, 1996.
(See Evidence A No. 4). Of the damages for delay as stipulated in the Installment Sales Guarantee Contract from February 29, 1996 to June 21, 2016, the part not paid by the Plaintiff out of the above insurance proceeds of KRW 8,728,69 and the damages for delay as stipulated in the Installment Sales Guarantee Contract from February 29, 1996 to June 21, 2016, the remainder of the indemnity amount of KRW 9,082,021 is the remainder damages for delay.
(See Evidence A 5). (c)
On the other hand, the J died on July 8, 2008.
See the record No. 34 of this case. The defendants are the successors or substitute successors of the above J, and the share of inheritance by each defendant and the remaining damages for delay of the indemnity amount of this case prior to the above amendment are as follows:
5. Serial.