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(영문) 대전지방법원 2015.12.10 2015가단33417
구상금
Text

1. The defendant shall pay to the plaintiff KRW 44,138,120 and KRW 8,012,048 among them, from September 15, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. In the event that the Plaintiff and the Defendant fail to fulfill their obligation to pay the principal and interest of the loans from Samsung Life Insurance Co., Ltd., the Plaintiff concluded an insurance contract with the effect that the Plaintiff pays the principal and interest to the above Samsung Life Insurance and

B. The insurance period of the above insurance contract is from December 2, 1999 to December 1, 200, and the insurance amount is KRW 17,600,000.

C. After receiving a loan from the above Samsung Life Insurance, the Defendant delayed the payment of the principal and interest thereof. On February 8, 2001, the Plaintiff paid KRW 17,552,674 to the above Samsung Life Insurance as insurance money.

The Defendant’s obligation to be paid to the Plaintiff under the above insurance contract with the Plaintiff is the principal of 8,012,048 as of September 14, 2015; damages for delay; 36,126,072; and damages for delay are 25% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the sum of KRW 44,138,120, and the principal amount of KRW 8,012,048 among them, 25% per annum from September 15, 2015 to the day of full payment, which is the day following the day of calculation of the final damages for delay.

As to this, the defendant asserts that the plaintiff's claim for reimbursement against the defendant was extinguished by prescription.

In full view of the purport of the argument in Gap evidence No. 5, it is recognized that the judgment of the Daejeon District Court Branch 2001Gau26910, which the plaintiff received against the defendant based on the above claim for reimbursement, became final and conclusive on September 22, 2001. The fact that the lawsuit in this case was filed on September 15, 2015 after the lapse of 10 years from the lawsuit in this case is apparent in the record.

However, according to the evidence evidence Nos. 6 and 7, the plaintiff is deemed as a claim claim, and the plaintiff receives the claim seizure and collection order as the Daejeon District Court's 2008TTTT 3927 on October 8, 2008 with respect to the defendant's wage claim against the defendant's astronomical City. B.

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