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(영문) 광주지방법원 2016.06.14 2015가단44354
추심금
Text

1. The Defendant’s KRW 32,834,328 as well as the Plaintiff’s annual rate of 5% from April 30, 2016 to June 14, 2016.

Reasons

1. Basic facts

A. On February 15, 1995, the Plaintiff entered into a guarantee insurance contract with the Korea Agriculture and Food Trade Corporation and the insured, the insurance period from February 15, 1995 to December 29, 1995, and the insurance amount of KRW 11,00,000,000, and B jointly and severally guaranteed the said guarantee insurance contract.

B. On the same day, the Plaintiff concluded a guarantee insurance contract with the amount of KRW 5,500,000 as the insurance amount from February 15, 1995 to December 29, 1995, and from February 15, 1995.

C. After the occurrence of the above insurance accident in relation to each of the above guarantee insurance contracts, the plaintiff paid the above insured amount to KRW 15,965,140, and filed a claim for indemnity against A and B with the Gwangju District Court on July 18, 2008, and rendered a favorable judgment of the above court on July 18, 2008 that "The plaintiff shall pay 27% interest per annum from January 15, 1998 to the day of full payment, and Eul shall jointly and severally pay 17,889,432 won and 7,28,667 won from February 11, 201 to the day of full payment, and Gap shall pay 5,461,30 won, and 27% interest per annum from February 11, 2001 to the day of full payment."

(See the above judgment was finally binding on August 12, 2008, 2008. (See the judgment of Gwangju District Court 2008Kadan31794, more than A No. 3).

Based on the above judgment on December 8, 2008, the Plaintiff was determined to seize and collect the following claims (hereinafter “instant seized claims”) held by the obligor B against the Defendant of the third obligor at the Gwangju District Court as KRW 55,828,620.

(B) On December 10, 2008, the above decision was delivered to the Defendant on December 10, 2008, and became final and conclusive around that time.

A claim shall be made until the amount reaches the above claim amount by 1/2 of the balance after deducting taxes and public charges from the payment of the monthly salary (main pay and allowances) to be paid by the debtor to the third debtor and the end allowances (in bonuses) to be received in June and December each year: Provided, That the National Basic Living Security Act shall govern.

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