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(영문) 서울중앙지방법원 2019.03.22 2018가단53475

구상금 청구의 소

Text

1. As to KRW 191,304,978 and KRW 120,269,841 among the Plaintiff, the Defendant shall start from August 17, 2018 to November 12, 2018.

Reasons

When the Defendant entered into a basic contract with D on the sale and supply of goods, the Plaintiff entered into a performance guarantee insurance contract with the Defendant.

On March 4, 2014, the Plaintiff paid insurance proceeds of KRW 135,147,945 to D, according to the Defendant’s failure to comply with the agreement.

After that, the principal of the indemnity amount of KRW 14,878,104 is KRW 120,269,841, and the Plaintiff’s interest rate for delay damages (6% per annum from the date of payment of insurance money until 30 days, 9% per annum from the date of payment of insurance money, 15% per annum from the date of December 31, 2015, 12% per annum from June 30, 2018, and 9% per annum thereafter) determined by the Plaintiff was generated by 71,035,137 won until August 16, 2018.

(Confession: The defendant asserts in his written reply that the representative director and E, a joint guarantor, etc. of the defendant were granted immunity, and does not clearly dispute the plaintiff's above assertion against the defendant who is a juristic person. Therefore, the defendant is liable to pay to the plaintiff the total amount of the indemnity amount of KRW 191,304,978 and the damages for delay of KRW 120,269,841.