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(영문) 광주지방법원 2018.11.27 2018가단3743
구상금
Text

1. The Plaintiff:

(a) Defendant A, an incorporated association, KRW 155,451,69, and as regards this,

B. Defendant G is an incorporated association.

Reasons

1. Basic facts

A. On August 2, 2006, the Plaintiff entered into a guarantee insurance contract with the Defendant Incorporated Association A (hereinafter “Defendant Incorporated”) as the insured for the performance of the contract with the Nonparty Hyundaisan Incorporated Co., Ltd. (hereinafter “Mosan”).

On the same day, F and H have jointly and severally guaranteed the obligation to be borne by the defendant corporation to the plaintiff when the plaintiff would have paid insurance proceeds to the modern baby.

B. The Defendant corporation did not perform the contract with the Hyundai Asia and thus claimed insurance money to the Plaintiff. On February 28, 2007, the Plaintiff paid KRW 155,451,69, insurance money to the Hyundai Asia under the said guarantee insurance contract.

C. On May 208, 2008, the plaintiff filed a lawsuit against the defendant corporation, F, and H with the Seoul Central District Court 2008Kadan15290, and the above court rendered a judgment on May 20, 2008 that "the defendant corporation, F, and H shall jointly and severally pay to the plaintiff 15,451,69 won, as well as 19% per annum from March 1, 2007 to January 23, 2008, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

A joint and several surety H died on August 14, 2015, and his heir died, he is Defendant D and E, who is his spouse, Defendant C and children, and Defendant C and E filed a report on the inheritance-limited approval with Seoul Family Court Decision 2015 Modan10871 on November 13, 2015, and the said court accepted it on March 23, 2016.

E. On March 9, 2018, F, a joint and several surety, died of his/her spouse I, and his/her heir was J, but I and J received a decision to accept the declaration of renunciation of inheritance under the Seoul Family Court 2018 Madan51697 on June 28, 2018, and the next-order heir was referred to F, and the next-order heir was referred to F, and on June 29, 2018, K’s report on renunciation of inheritance was accepted on May 21, 2018 by the Seoul Family Court 2018 Ma51709, the Seoul Family Court 2018 Ma51913 on August 30, 2018, G’s June 6, 2018.

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