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(영문) 대구지방법원서부지원 2017.05.31 2017가단562
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., and B, jointly and severally KRW 50,000,000;

(b)property inherited from the net G;

Reasons

1. Basic facts

A. On April 28, 1995, the Plaintiff entered into an insurance contract for the guarantee of the payment of goods sales price (hereinafter “instant guarantee insurance contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the insured, by setting the insurance period from April 28, 1995 to April 27, 1997.

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 and the deceased G (hereinafter “the deceased”) jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant guarantee insurance contract.

On September 25, 1996, the Plaintiff paid 50 million won to the insured on September 25, 1996, upon the insured’s request, as the Defendant Company did not discharge its obligation to the insured.

E. After Daegu District Court 97Kadan18360, the Plaintiff filed a lawsuit against the Defendant Company, the Defendant Company, the Deceased, etc. to claim reimbursement under the instant guarantee insurance contract, and the judgment in favor of the Plaintiff was finalized. However, for the interruption of extinctive prescription, the Daegu District Court 2006Kadan170215 filed a lawsuit against the Defendant Company, the Defendant Company, the Deceased, etc. to claim the same reimbursement amount. On March 8, 2007, “The Defendant Company, the Deceased, etc. jointly and severally and severally with the Plaintiff for the amount of KRW 50 million from September 26, 1996 to October 25, 1996, and the amount of money calculated at the rate of 18% per annum from the next day to the day of full payment,” which became final and conclusive around that time.

F. However, the defendant company, the defendant B, and the deceased are the plaintiffs.

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