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(영문) 서울중앙지방법원 2016.12.07 2015가단148648
구상금
Text

1. The Plaintiff:

A. Defendant A, B, D, E, and F are jointly and severally 230,373,940 won and 123,000,000 won among them.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a performance guarantee insurance contract with the term “from January 31, 200 to August 15, 2000” with the insurance coverage period of KRW 123,000,000, and Defendant A, D, E, F, and Non-Party G jointly and severally guaranteed the indemnity liability under the above insurance contract.

B. On June 30, 200, the Plaintiff paid the insurance proceeds of KRW 123,000,000 to the so-called So-called "Y" corporation under the above guarantee insurance contract.

The Plaintiff filed a claim for reimbursement against Defendant Company, Defendant B, D, E, F, and Nonparty G.

(Seoul Central District Court 2005Kadan39516). On November 4, 2005, the above court rendered a judgment that "the defendant company, the defendant company B, D, E, F, and non-party G shall jointly and severally pay to the plaintiff 230,373,940 won and 123,000,000 won among them, with 19% per annum from February 2, 2005 to September 30, 2005, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

C. G died on December 4, 2014. At the time of death, Defendant E, C, Nonparty H, I, and J, the heir, who was his/her child.

As to the non-party H, I, and J, the declaration of renunciation of inheritance was accepted by the Busan Family Court of Law No. 2015-Ma330, and as to the defendant C, the declaration of renunciation of inheritance was accepted by the Busan Family Court of Law No. 2015-Ma446.

Inheritance shares of Defendant E and C are one-half, respectively.

2. Grounds for recognition;

A. Judgment made by Defendant A and Defendant E by public notice (Article 208(3)3 of the Civil Procedure Act)

B. Defendant B, D, and F Confession (No. 208(3)2 of the Civil Procedure Act)

C. Facts without dispute over the defendant C, entries in Gap evidence 1 through 5, the purport of the whole pleadings

3. According to the above facts of recognition, Defendant A, D, E, and F are jointly and severally liable to the Plaintiff for KRW 230,373,940 and KRW 123,00,00,00 among them, Defendant C and the above Defendants jointly and severally liable to the extent of the property inherited from the network G.

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