logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.30 2015가단133820
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 11, 1994, B and C concluded a performance guarantee insurance contract with the Defendant (the pre-merger Korea Guarantee Insurance Co., Ltd.) as the insured by having Hyundai Marine Fire Insurance Co., Ltd. as indicated below, and thereafter, the Defendant paid insurance money to the above insured as listed in the table below.

Serial 1 B 16,363,542 won 2 B 16,50,540 won on May 21, 1997, 197, 16,435,665 won 3 C 11,00,000 won on May 30, 1997, 1995, 10,848,600 won on September 10, 1995, 4 C 11,00,000 won on September 10, 1995, 4 C 11,00,000 won on August 29, 1995, 10,798,343 won.

B. The Defendant asserted that the Plaintiff jointly and severally guaranteed the liability for indemnity amount B and C under the above performance guarantee insurance contract, and filed a lawsuit against the Plaintiff for the claim for indemnity amount as follows:

(1) With respect to Nos. 1 and 2, the judgment of Suwon District Court 2002Gadan25378 on March 26, 2002 that "the plaintiff shall pay to the defendant the amount calculated at the rate of 19% per annum from August 23, 1999 to October 26, 2011 to the day of full payment" was finalized on August 20, 2003.

Then, the Defendant filed a lawsuit against the Plaintiff for the claim of indemnity amount under the Seoul Central District Court Decision 2013Da52712, and the judgment was rendered on June 27, 2013 to the same effect as the above judgment for the interruption of extinctive prescription of the claim of indemnity amount under the above final judgment, and thereafter, the Defendant filed an appeal for the subsequent completion of the appeal and is still pending in the appellate trial as Seoul Central District Court 2015Na21911

(2) In relation to Nos. 3, 1997, the plaintiff filed a lawsuit of claim for indemnity with Seoul Central District Court 97Da62894 on March 11, 1997, "the plaintiff shall be 14% per annum from September 7, 1995 to October 6, 1995, 17% per annum from the next day to October 15, 1995, 18% per annum from the next day to July 24, 1997, and 25% per annum from the next day to the day of full payment.

arrow