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(영문) 서울중앙지방법원 2017.03.29 2016가단114185
구상금
Text

1. The Plaintiff:

(a) Defendant A, B, and C jointly and severally KRW 29,772,087;

B. Defendant D, E, F, and G inherit from the network H.

Reasons

1. Facts of recognition;

A. On April 20, 1993, the Plaintiff entered into a microcredit guarantee insurance contract with Defendant A with respect to the principal and interest of a loan from Samsung Life Insurance Co., Ltd., and Defendant B, C, and H jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff under the above guarantee insurance contract.

B. After that, Defendant A’s failure to repay loans at once, the Plaintiff subrogated to Samsung Life Insurance Co., Ltd. for KRW 10,922,259 on April 26, 1996.

C. The plaintiff filed a claim for reimbursement against the defendant A, B, C, and H by the Seoul Central District Court Decision 2006Gaso2182790, and with respect to the defendant A and B, on January 26, 2007, the judgment of the court below that "the defendant A and B jointly pay to the plaintiff 10,922,259 won and the amount calculated by the rate of 14% per annum from April 27, 1996 to May 26, 1996, and 18% per annum from the next day to the date of full payment," and the above judgment became final and conclusive on March 3, 2007, and with respect to the defendant C and H, the decision of performance recommendation was served on November 15, 2006 and confirmed on November 30, 206, respectively.

(hereinafter the above judgment and the decision of performance recommendation are based on the claim for reimbursement of this case. D.

The claim for indemnity of this case was paid in full until the date of the closing of argument in this case, and the amount of 29,772,087 won for delay remains without being paid.

E. On the other hand, H died on October 12, 2012, and his heir had Defendant D, E, F, and G, a child, and the said Defendants were adjudicated on February 26, 2013 to accept a report of inheritance recognition as the Cheongju District Court 2012-Ma376.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant A, B, and C shall jointly and severally serve as the plaintiff the remainder of the claim amount.

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