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(영문) 서울중앙지방법원 2019.09.04 2018가단50063

구상금 청구의 소

Text

1. The Plaintiff:

A. Defendant C and Defendant D Co., Ltd are jointly and severally 35,665,795 won and 34,563.

Reasons

1. Facts of recognition;

A. On January 24, 2015, Defendant C (Appointed; hereinafter referred to as “Defendant”) entered into an agreement with H Co., Ltd. (hereinafter “Nonindicted Company”) on trading of intermediate wholesalers who participated in the auction of the Nonindicted Company and purchase Cheong water (hereinafter “instant trading agreement”), and the period is one year as of the date of the agreement, but if there is no re-agreement after one year, Defendant C and the Nonindicted Company were to enter into a re-agreement under the same conditions.

B. At the time of the conclusion of the instant transaction agreement, Defendant E, Selected F, and G entered into an agreement with the Nonparty Company to jointly and severally guarantee the obligations already incurred and the obligations that may arise in the future, pursuant to the instant transaction agreement, to the non-party Company C’s obligation to the non-party company (hereinafter “instant joint and several guarantee agreement”).

C. On August 17, 2016, Defendant C entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff as between August 6, 2016 and January 23, 2018 in order to secure the payment of the intermediate wholesaler business guarantee money under the Plaintiff’s transaction agreement.

At the time of concluding the instant performance guarantee insurance contract, where Defendant C’s failure to implement the instant transaction agreement has occurred and the Plaintiff paid insurance proceeds to Nonparty Company, Defendant C considered one year and 365 days from the following day of the payment of insurance proceeds to the day of full payment, and decided to pay damages for delay in addition to the interest rate determined by the Plaintiff by calculating the number of delayed days on a daily basis. The interest rate on delay determined by the Plaintiff is 6% per annum from the following day of the payment of insurance proceeds to the 30th day of the payment of insurance proceeds, 9% per annum from the next day to June 30, 2018, 12% per annum from the next day to the day of delivery of a copy of the complaint, 9% per annum from the next day to the next day, and