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(영문) 대구지방법원서부지원 2017.09.13 2017가단2971
구상금
Text

1. The Plaintiff:

A. Defendant A, B, C, and D are jointly and severally liable for KRW 100,000,000;

B. Defendant E is from the net F.

Reasons

1. Basic facts

A. On August 19, 194, the Plaintiff concluded a guarantee insurance contract for the payment of credit sales proceeds (hereinafter “instant guarantee insurance contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the insured by setting the insurance period from August 19, 1994 to August 18, 1995.

B. At the time of the conclusion of the instant guarantee insurance contract, when the Defendant Company failed to pay the insured amount to the insured, the Defendant Company agreed to pay the insured amount to the insured immediately, but if delay is made, the Defendant Company shall pay the amount of the insurance amount to the insured by adding the delay interest rate applied by the Plaintiff to the day of the payment

C. Defendant B, C, D, and network F (hereinafter “the deceased”) jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant guarantee insurance contract.

The plaintiff paid 100 million won to the insured on July 28, 1995 at the request of the insured.

E. After the Daegu District Court 2007Kadan11436, the Plaintiff filed a lawsuit against the Defendant Company and the Defendant B, C, D, and deceased under the instant guarantee insurance contract, and the judgment became final and conclusive around May 17, 2007, which stated that “The Defendant Company B, C, D, and the Deceased shall jointly and severally pay 100 million won to the Plaintiff, and 14% per annum from July 29, 1995 to August 27, 1995; 17% per annum from the next day to October 22, 1995; and 18% per annum from the next day to the date of full payment.”

F. However, the Defendant Company, B, C, D, and the Deceased did not fully perform their principal and interest obligations on the said final and conclusive judgment against the Plaintiff, and the Deceased died with Defendant E, children, G, and H as of August 14, 201.

(g) G;

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