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(영문) 서울중앙지방법원 2018.07.25 2018나6920

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

A. The Defendant concluded an urban gas supply contract with Samcheon-ri Co., Ltd. (hereinafter “Teocheon-si”) for the 6, 7th floor Colatile of the members of Ansan-si, and concluded a performance guarantee insurance contract with the Plaintiff and the insured for the payment guarantee of gas user fees, etc. for the purpose of guaranteeing payment of the gas user fees, etc. from Samcheon-ri, the purchase price of insurance, the purchase price of insurance, the insurance period from August 3, 2004 to August 2, 2006.

B. At the time of concluding the performance guarantee insurance contract, the insurance accident occurred due to the Defendant’s failure to perform the agreement with the insured and the Plaintiff pays the insurance proceeds, the Defendant shall immediately compensate the Plaintiff for the delayed payment, and the Plaintiff agreed to compensate by adding damages for delay interest rate determined by the Plaintiff from the day following the date of payment of the insurance

C. On May 17, 2005, the Defendant claimed insurance money from the Plaintiff on May 17, 2005, which caused delay in the payment of gas user fees, etc., and the Plaintiff paid KRW 7,000,000 as insurance money to Samcheon-ri on June 2, 2005.

On October 23, 2007, the Plaintiff filed a lawsuit against the Defendant for the claim for reimbursement with the Incheon District Court 2007Gaso301692, and “the Defendant shall pay to the Plaintiff 10,13,690 won and 7,000,000 won among them, 19% per annum from October 11, 2007 to November 2, 2007, and 20% per annum from the next day to the date of full payment” was finalized on November 17, 2007.

[Grounds for recognition] In light of the facts without dispute, the statements in Gap evidence 1 through 5, and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings, barring any special circumstance, the defendant shall pay to the plaintiff 10,133,690 won and 7,000,000 won, which are the agreed interest rate of 19% per annum from October 11, 2007 to November 2, 2007, and from that following day until September 30, 2015, the statutory interest rate of Article 3 (1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the main sentence of Article 3 (1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and the main sentence of Article 3 (1) of the former