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(영문) 서울중앙지방법원 2016.11.08 2016가단77798

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 87,148,156 and KRW 79,802,00 among them, from January 1, 2016 to July 5, 2016.

Reasons

1. Facts of recognition;

A. On April 9, 2012, the Plaintiff entered into a guarantee insurance contract for authorization and permission (hereinafter “instant guarantee insurance contract”) with Defendant A, which stipulates from March 5, 2012 to September 4, 2013, for the guarantee of deposit for restoration expenses due to the conversion of land conversion into Gyeonggi-gu, Gyeonggi-do, D, and E, the insured Pyeong-gun, the purchase amount of insurance, KRW 79,802,00,000, and the insurance period.

At the time of the insured events, Defendant A agreed to pay the Plaintiff the insurance proceeds to be paid and the delay damages to be paid to the Plaintiff (6% per annum from the date following the payment of the insurance proceeds to the 30th day, 9% per annum from the next day to the 60th day, 15% per annum from the next day to December 31, 2015, and 12% per annum from the next day to the next day).

B. On the same day, Defendant B guaranteed the obligation owed by Defendant A to the Plaintiff in accordance with the instant guarantee insurance contract.

C. Since then, Defendant A failed to comply with the order for recovery of land D and E from Gyeonggi-si, and thus, Yangyang-gun filed a claim against the Plaintiff for insurance payment under the instant guarantee insurance contract on February 25, 2015.

On May 2, 2015, the Plaintiff paid KRW 79,802,00 of the insurance money to Gyeyang-gun.

【Defendant A’s ground for recognition: A without dispute, each entry of Gap’s evidence Nos. 1 through 6, the purport of the whole pleadings, Defendant B: Confession (Article 150 of the Civil Procedure Act)

2. According to the above facts of determination, the Defendants jointly and severally calculated the amount of KRW 87,148,156 for indemnity under the instant guarantee insurance contract (i.e., KRW 79,802,00 for subrogation from May 2, 2015 to December 31, 2015) and KRW 79,802,00 for subrogated payment from May 2, 2015 to December 31, 2015 as to the amount of KRW 79,802,00 for the amount of subrogated payment from January 1, 2016 to July 5, 2016, the agreed interest rate of KRW 12% for delayed payment from July 5, 2016 to the date of final delivery of a copy of the complaint, and KRW 15% for each year from the following day to the date of full payment.