beta
(영문) 서울중앙지방법원 2020.08.20 2020가단13623

구상금 청구의 소

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From June 10, 2020 to 33,130,188 Won and its 30,526,528 Won among them;

Reasons

1. Facts of recognition;

A. In order to guarantee the payment of user fees in relation to the Fervi service application contract between the Defendant Company and E Co., Ltd., the Plaintiff concluded each performance guarantee insurance contract between the Defendant Company and G Co., Ltd as follows in order to guarantee the payment of the purchase price of credit goods in relation to the specialized transaction basic contract between the Defendant Company and G Co., Ltd., and Defendant D guaranteed the Plaintiff’s obligation under each performance guarantee insurance contract between the Defendant Company and the Defendant Company.

On the other hand, the overdue interest rate stipulated in each performance guarantee insurance contract is 6% per annum from the day following the payment date of insurance money to the 30th day, and 9% per annum from the following day.

Defendant D on October 4, 2018 to October 3, 2019, Defendant D2 G (ju) KRW 50,000,000, which is a joint and several surety for the insurance coverage period of the insured. < Amended by Presidential Decree No. 23589, Feb. 12, 2019; Presidential Decree No. 23584, Feb. 12 through 11, 2020>

B. Since then, each of the above insured parties claimed insurance money under each performance guarantee insurance contract against the Plaintiff on the ground that the occurrence of a guarantee accident in relation to each of the above contracts occurred, and accordingly, the Plaintiff paid KRW 50 million to E (State) and KRW 27,250,137 on September 24, 2019 to G (State) respectively.

C. After June 9, 2020, Defendant D paid the Plaintiff totaling KRW 19,473,472.

The above repayment was appropriated for the principal and interest obligation of the performance guarantee insurance contract No. 1, and as of June 10, 2020, the Defendants bear the following obligations.

[Attachment 1] 30,526,528 Won 528

1. Damages for delay by June 9, 2020 2,603,660 won;

2. Damages for delay calculated at the rate of 9% per annum from June 10, 2020 G 27,250,137 won per annum.

1. Damages for delay: 134,384 won by March 26, 2020;

2. The damages for delay calculated at a non-ratio of 9% per annum from March 27, 2020 (based on recognition) is without dispute, each entry in Gap evidence 1 through 2 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings.

2. The above facts of recognition.