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(영문) 부산지방법원 2017.05.17 2015나48891
구상금등 청구의 소
Text

1. Defendant B’s appeal shall be dismissed;

2. Defendant C’s appeal is dismissed.

3. The costs of appeal shall be borne by the Defendants.

Reasons

1. An appeal filed by Defendant B for the purpose of seeking revocation or alteration of a judgment rendered by him/her. Thus, filing an appeal to seek revocation or alteration of a judgment rendered by another person, other than himself/herself, is inappropriate, and the foregoing other person’s co-defendant does not change even if he/she is the first instance co-defendant.

Defendant B filed an appeal against the judgment of the court of first instance, but only the part against Defendant C who was a co-defendant of the court of first instance, rather than the part against which it lost among the judgment of the court of first instance.

The appeal by the defendant B is unlawful as it is against the judgment that he received by other person.

2. Determination on Defendant C’s appeal

A. The facts of recognition 1) The term “Guarantee Insurance Contract” entered into a guarantee insurance contract with the Plaintiff to secure the payment of the contract deposit. The term “Defendant 2” as indicated in the following table: (a) the insurance term of the insured as of February 19, 2013 to February 19, 2013 to February 28, 2013 to February 201, 2013 to February 25, 2014; (b) the obligation of Defendant 203, 487 to Defendant 3, 205, and 45, respectively, was not performed on February 25, 2013 to February 201, 2013 to April 28, 2014 to the effect that each of the above guaranteed insurance contracts was not performed.

In the event that the plaintiff paid the insurance money on behalf of the plaintiff, the defendant shall immediately compensate the insurance money on behalf of the plaintiff, and if so, the rate shall be 6% per annum from the day following the date of payment of the insurance money to the date of full payment, i.e., 30% per annum from the date following the date of payment to the date of full payment, 9% per annum from the date of 30% per annum

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