beta
(영문) 대전지방법원 2017.08.09 2016가단37812

구상금

Text

1. The Plaintiff:

(a) Defendant A, B, C, D, E, F, G, and H jointly and severally KRW 982,571,477;

(b) the defendant.

Reasons

1. Basic facts

A. On November 16, 201, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into an entrustment contract with the KT Co., Ltd. (hereinafter “K”) to act on behalf of the Defendant for the affairs regarding the subscription to goods and services, and to operate the entrustment agency for the purchase and sale of the goods such as a device from the KT from the KT (hereinafter “instant prime contract”). Defendant B, D, I, and J, on the same day, jointly and severally guaranteed the Defendant A’s obligation under the instant prime contract, and Defendant D and J jointly and severally guaranteed the amount of KRW 50 million each.

B. On November 25, 2013, Defendant A entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff as the case of the insured, the insurance amount of one billion won, and the insurance period from November 14, 2013 to November 13, 2015, with the content of the guarantee as the damages liability and the goods payment liability for terminal devices, etc. under the instant main contract. Defendant A jointly and severally guaranteed the obligation under the instant performance guarantee contract by Defendant B, C (hereinafter “C”), D, E, F, and H on the same day.

On the other hand, Defendant G made a digital signature on the same day in the joint and several guarantee agreement, which is an electronic document, that provides a joint and several surety for Defendant A’s debt under the instant guarantee insurance contract (hereinafter “instant agreement”).

C. According to the instant guarantee insurance contract, where the Plaintiff paid insurance money, the rate of delay damages is calculated at the rate determined by the Plaintiff within the scope of delay interest rate set by a financial institution under the Banking Act, and the rate of delay damages determined by the Plaintiff is 6% per annum from the day following the Plaintiff paid insurance money to the insured

On November 26, 2013, Defendant A issued a guaranty insurance policy under the instant guarantee insurance contract from the Plaintiff and provided it to the case around that time.

Defendant A is subject to the instant prime contract.

참조조문