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(영문) 서울중앙지방법원 2014.08.19 2012가단5151778

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 116,09,219 won and 6% per annum from December 1, 2012 to January 2, 2013.

Reasons

1. Facts of recognition;

A. On April 18, 2007, the Plaintiff’s Intervenor Co., Ltd. concluded a consignment agency contract with Defendant A, who had been engaged in mobile communications business under the trade name D on April 18, 2007, between April 18, 2007 and April 17, 2011 (hereinafter “instant consignment agency contract”).

B. On April 15, 2009, the Plaintiff entered into a performance guarantee insurance contract from April 18, 2009 to April 17, 201 (hereinafter “instant performance guarantee insurance contract”) with Defendant A’s request for the payment guarantee of damages liability under the instant consignment agency contract, insurance amounting to 150,000,000 won for the payment guarantee of the sales price of the credit goods for mobile communications products, and the insurance period from April 18, 2009 to April 17, 201. The Defendants agreed to jointly and severally compensate for the insurance money and delay damages when the Plaintiff pays insurance money in accordance with the instant performance guarantee

C. Around November 30, 2011, Defendant A caused a guarantee insurance accident in arrears with the obligation under the instant consignment agency contract, the Plaintiff paid KRW 87,796,472 to KTT Co., Ltd. the amount of KRW 17,679,559, the amount of public charges, the remainder of the subsidized asset, the amount of KRW 641,960, the amount of KRW 9,981,228, the aggregate of KRW 116,09,219,219, as insurance proceeds.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 17 (including the provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 116,09,219, and the amount of damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 1, 2012 to January 2, 2013, which is the date of the last delivery of the copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. As to the assertion by Defendant B and C, Defendant B and C are admitted to the lower part of the shock Co., Ltd. on October 1, 2009, and they are Co., Ltd.