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(영문) 대전지방법원 2016.02.16 2015가단212029

구상금

Text

1. The Plaintiff, Defendant A, and Defendant B, jointly and severally with Defendant A, KRW 14,254,619, and each of them.

Reasons

1. Facts of recognition;

A. Defendant A entered into an agency contract with Company B and C (hereinafter “cost”) and entered into a guarantee insurance contract with the Plaintiff to guarantee the payment of goods on credit, facility costs, compensation for damages arising from the provision of signboards, etc. as follows. Defendant B, the husband of the above Defendant, as the husband of the above, jointly and severally guaranteed the obligation under the contract, among the following table:

(2) On June 28, 2012, May 22, 2012, 2012, insurance amounting to KRW 15,000,000,000 for insurance coverage amounting to KRW 1,725,300 on June 25, 2012, the insurance period from May 30, 2012 to May 29, 2015. < Amended by Presidential Decree No. 23864, Jun. 28, 2012; Presidential Decree No. 23870, Jun. 28, 2012; Presidential Decree No. 23870, Jun. 28, 2012; Presidential Decree No. 23985, Jun. 27, 2017; Presidential Decree No. 27874, Jun. 20, 2016>

B. According to each of the guaranty insurance contracts of this case, when the Plaintiff paid insurance money to KIC, the Defendants agreed to pay the insurance money and the damages for delay at the rate determined by the Plaintiff from the day following the payment of the insurance money to the day of full payment.

At present, the rate of the Plaintiff’s interest on delay is 6% per annum from the date following the payment date to the 30th day, 9% per annum from 31 to 90 days, and 15% per annum from the expiration of 90 days.

C. On March 9, 2015, KIC claimed for the payment of insurance proceeds under each guarantee insurance contract of this case against the Plaintiff. On April 7, 2015, the Plaintiff paid KRW 18,634,859 of the total insurance proceeds to KIC as indicated in the foregoing table.

On the other hand, on October 15, 2012, Defendant B sold the real estate listed in the attached Form (hereinafter “instant apartment”) to Defendant C for KRW 137,00,000 (hereinafter “instant apartment”) and completed the registration of ownership transfer on October 30 of the same month.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings

2. According to the facts of the determination as to the claims against Defendant A and B, the Plaintiff, and the Defendant A, the subrogation payment of KRW 18,634,859, and the Defendant B, respectively.