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(영문) 서울중앙지방법원 2016.01.12 2015가단98316

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 2, 2004, COR Information and Communications Co., Ltd. (hereinafter “Nonindicted Company”) entered into an agency contract with ELV (hereinafter “ELV”) stating that “the attraction of mobile communications subscribers, the receipt of fees, the supply of terminal devices and related goods, etc., shall be entrusted to the Nonparty Company, and the Nonparty Company shall be entrusted with such business” (hereinafter “instant agency contract”). The Defendant jointly and severally guaranteed all obligations owed by the Nonparty Company to ELV under the instant agency contract.

B. On February 16, 2004, the non-party company entered into a guarantee insurance contract between the Plaintiff and the non-party company with the insurance coverage amounting to KRW 50 million from February 16, 2004 to February 15, 2005 (hereinafter “the first guarantee insurance contract”) in order to guarantee the payment of the business bonds and the goods payment obligation under the instant agency contract with the non-party company’s ELcom. The non-party company entered into a guarantee insurance contract with the same content as April 23, 2004, with the insurance coverage amounting to KRW 30 million, the insurance coverage period from April 23, 2004 to April 22, 2005 (hereinafter “the second guarantee insurance contract”).

C. Since then, the non-party company caused an insurance accident, such as delaying the payment of goods for the ELV, and the ELV filed a claim against the plaintiff for insurance money based on each guarantee insurance contract.

On July 19, 2005, the Plaintiff paid KRW 30 million and KRW 50 million on July 29, 2005 respectively. D.

The plaintiff filed a lawsuit against the non-party company, who is the joint guarantor of the first guarantee insurance contract, B, C, and the principal debtor, to claim reimbursement against the non-party company on March 20, 2007, and the non-party company, B, and C shall jointly and severally pay 50 million won to the plaintiff and 19% per annum from July 30, 2005 to January 11, 2007, and 20% per annum from the next day to the date of full payment.