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(영문) 서울중앙지방법원 2018.01.31 2017나43304
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 195, the Plaintiff (the Korea Guarantee Insurance Co., Ltd. prior to the alteration) entered into a guarantee insurance contract between the Codefendant B of the first instance trial and the insured Hyundai Motor Co., Ltd. (hereinafter “On-site Motor”), the insurance amount of KRW 9,504,000, the insurance period from December 27, 1995 to December 26, 1997, and the payment guarantee contract between the content of the guarantee insurance and the payment guarantee of the installment payment of rocketing other motor vehicles, and the Defendant jointly and severally guaranteed all obligations to the Plaintiff under the said guarantee insurance contract.

(hereinafter “instant guarantee insurance contract”). B.

Modern Motors claimed insurance money to the Plaintiff under the instant guarantee insurance contract as it did not discharge B’s obligation of installment payment three times. On July 23, 1996, the Plaintiff paid KRW 7,600,951 as insurance money to Hyundai Motors.

C. 1) The Plaintiff filed a lawsuit against B and the Defendant with the Seoul Central District Court 96Gao439231, and rendered a favorable judgment on April 8, 1997, and became final and conclusive around that time. The Plaintiff received KRW 2,337,933 for the extension of the prescription period. 2) The Plaintiff filed a lawsuit for the claim for the amount of indemnity under the Seoul Central District Court 2007Gao1135651, and filed a lawsuit for the extension of the prescription period, and became final and conclusive on February 1, 2007, “The amount calculated at the rate of 18% per annum from June 30, 2006 to the day of full payment” was “the amount of money calculated at the rate of 18% per annum from June 30, 2006 to the day of full payment.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant calculated jointly and severally with B about KRW 18,767,816 of the indemnity amount and KRW 5,263,018 of the principal amount from June 30, 2006 to September 30, 2015, at the rate of 18% per annum as agreed upon by the plaintiff, and at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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