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(영문) 대전지방법원서산지원 2015.04.30 2015가합99
구상금
Text

1. The Defendants are jointly and severally with G and H within the scope of their property inherited from the deceased I to the Plaintiff, 34,676.

Reasons

1. Basic facts

A. Since around 192, G purchased three truck units of 14.5 tons from the Daewoo Motor Co., Ltd. (hereinafter “Treatment Motor”) and concluded a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to secure its installment payment obligation, thereby paying insurance money when the Seoul Guarantee Insurance Co., Ltd. paid the insurance money, and the Plaintiff jointly and severally guaranteed the reimbursement obligation for the Seoul Guarantee Insurance Co., Ltd.

B. Since then, as G did not pay the installment, the Seoul Guarantee Insurance paid the insurance money to Daewoo Motor. The Plaintiff subrogated to the Seoul Guarantee Insurance Co., Ltd. for the performance of the joint and several liability obligation, with the amount of KRW 50 million on April 30, 2003, KRW 70 million on May 26, 2003, KRW 190 million on June 26, 2003, and KRW 70 million on June 26, 2003.

C. In addition, on June 8, 1992, the Plaintiff jointly and severally guaranteed the obligation of loans to the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”). Between November 28, 1995 and December 19, 197, G paid 33,911,126 won to the Korea Mutual Savings and Finance Company.

G on September 17, 2007, in addition to the above amount of subrogated payment of KRW 223,911,126 (i.e., KRW 33,911,126) (i.e., KRW 190,000,000 per annum, G shall pay the Plaintiff in six installments over six times from September 20, 2007 to November 30, 2007, and in addition to the interest rate of KRW 6% per annum, G shall pay the unpaid amount in addition to the interest rate of KRW 6% per annum. G’s father, H, the mother, and I shall jointly and severally guarantee the above amount of reimbursement (hereinafter “instant amount of reimbursement”).

E. By March 12, 2013, G repaid to the Plaintiff KRW 51,474,270 of interest in arrears and KRW 1,525,730 of interest in arrears and KRW 53 million of interest in arrears.

F. Meanwhile, I died on November 20, 2013, and I was her husband H and I as her inheritor.

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