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(영문) 서울중앙지방법원 2015.04.29 2014가단220116 (1)

구상금

Text

1. The Plaintiff:

A. As to KRW 203,945,205 and KRW 200,00,00 among Defendant A, Defendant A shall be from September 12, 2014 to November 3, 2014.

Reasons

1. Facts of recognition;

A. On March 7, 2014, Defendant A entered into a petroleum product supply contract with ZEex Co., Ltd. (hereinafter “ZEEX”), and concluded a guarantee insurance contract (hereinafter “instant insurance contract”) with Defendant A, the insured, for the payment guarantee (including KRW 524,326,466, incurred prior to the commencement of the insurance period) of the purchase price of credit goods according to the said contract, setting the insurance period as KRW 200,00,000, and the insurance period from March 10, 2014 to March 9, 2015 (hereinafter “instant insurance contract”).

B. When concluding the instant insurance contract, Defendant A agreed to pay the insurance to the insured as the Plaintiff did not comply with the agreement with the insured, it shall be immediately repaid, and it shall be paid in addition to the interest rate set by the Plaintiff from the day following the date of the payment of the insurance money. The above interest rate set by the Plaintiff is 6% per annum from the day following the payment of the insurance money until 30 days from the day following the date of the payment of the insurance money, 9% per annum from the next day

C. Meanwhile, Defendant B and Defendant C jointly and severally guaranteed each of their obligations to be borne by Defendant A to the Plaintiff under the instant insurance contract within the limit of KRW 100,000,000, respectively.

Afterward, Defendant A did not perform the credit payment obligation (at the time, there was a credit payment obligation of 200 million won or more) to ZEex, and the Plaintiff paid KRW 200,000,000 to ZEex on June 13, 2014 according to the instant insurance contract upon request of ZEex.

E. The damages for delay paid by the Plaintiff from June 14, 2014 to September 11, 2014 are KRW 3,945,205.

[Ground of recognition] Plaintiff, Defendant A, and Defendant B: deemed confession under Article 150 of the Civil Procedure Act, the Plaintiff and Defendant C: The absence of dispute, each of the entries in Gap evidence 1 through 6 (including each number), and the purport of the whole pleadings

2. We examine the plaintiff's claim.