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(영문) 부산지방법원 2015.12.16 2015가단224229

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 32,001,831 as well as 6% per annum from July 8, 2015 to August 6, 2015.

Reasons

1. Basic facts

A. On November 27, 2012, Defendant Incorporated Company B (hereinafter “Defendant Company”) entered into a guarantee insurance contract (securities E; hereinafter “instant insurance contract”) with the Plaintiff and the insured as the Intervenor. From November 27, 2012 to November 26, 2013, the insurance period is from November 27, 2012 to November 26, 2013; and the insured amount is five million won and guarantees the payment of the goods (sale price).

At the time of the above contract, the Plaintiff and the Defendant Company concluded a special agreement that “The debt incurred prior to the commencement of the insurance shall be guaranteed within the limit of the purchase amount of the insurance, even if the due date falls within the said insurance period.”

B. On November 27, 2013, the Defendant Company entered into a guarantee insurance contract with the Plaintiff and the insured as the Intervenor joining the Plaintiff (hereinafter “instant insurance contract”). From November 27, 2013 to November 26, 2014, the insurance period was set at five million won, and the payment of the insurance amount was guaranteed by the Defendant Company (hereinafter “the instant insurance contract”).

At the time of the above contract, the Plaintiff and the Defendant Company concluded a special agreement stipulating that “The obligations arising under the instant insurance contract and the obligations that arrive within 90 days from the day following the end of the insurance period shall be guaranteed within the insurance coverage amount of the instant insurance contract, and the liability for the insurance of the old securities shall be extinguished” (hereinafter “instant special agreement”).

C. Defendant C and D guaranteed the Defendant Company’s indemnity liability against the Plaintiff under the instant insurance contract.

(hereinafter “instant joint and several sureties contract”). D.

The instant insurance contract and joint and several sureties contract were signed by the Plaintiff’s website through the Plaintiff’s digital signature based on the Defendants’ respective authorized certificates.

E. According to the instant insurance contract, where the Defendant Company did not perform its obligation or obligation against the Plaintiff’s Intervenor, and the Plaintiff subrogated for the payment of damages for delay at the rate determined by the Plaintiff.