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(영문) 전주지방법원 2016.07.20 2015나2396
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee insurance contract with D, with a view to ensuring the payment of D’s installment payments, when entering into a contract for installment sales with D, Gangnam C, Taeyang fever Co., Ltd. for the purpose of guaranteeing the payment of D’s installment payments.

On November 11, 1995: Securities number: insurance amount covered by E: gold 9,900,000 won: From November 14, 1995 to November 13, 1998: Guarantee of installment sales guarantee;

B. The terms of the guaranteed insurance contract and the terms of the guaranteed insurance contract are as follows: (a) if the policyholder pays the insurance proceeds to the insured due to nonperformance with the insured, the policyholder shall immediately pay the insurance proceeds to the insured; (b) if delayed payment is made, the policyholder shall pay the insurance proceeds by adding damages for delay to the payment; and (c) damages for delay shall be calculated by calculating the number of delayed days on a daily basis from the day after the date of payment of the insurance proceeds to 365 days; and (d) applying the overdue interest rate set by the Plaintiff to the overdue interest rate set by the Plaintiff within the highest overdue interest rate among the overdue interest rates of the financial institutions

C. The Plaintiff’s claim for reimbursement against B (1) caused an insurance accident on June 13, 1996 due to D’s failure to perform his/her obligation to Gangnam C&T Co., Ltd., and the Plaintiff paid KRW 8,250,434 of the insurance proceeds to the Gangnam C&T Co., Ltd. on October 11, 1996.

(2) Since then, the Plaintiff filed a lawsuit against D and B with the Seoul Central District Court No. 201Ada195012, Oct. 14, 201, stating that “The Defendant jointly and severally pays to the Plaintiff the amount of KRW 13,237,535 and the amount of KRW 8,250,434 from August 23, 1999 to November 27, 2001; and the amount of KRW 20% per annum from the next day to the date of full payment.”

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