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(영문) 서울중앙지방법원 2018.04.12 2017가단79418

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,441,363,173 and KRW 869,072,453 among the Defendants. < Amended by Act No. 14530, May 25, 2016>

Reasons

1. Facts of recognition;

A. In order to secure the payment of credit goods due to the purchase of petroleum products from Hyundai Daily Bank (State), C (State) entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff and the insured with the period from July 8, 2011 to July 7, 2012. At the time, Defendant A (State) and the Bank of Korea agreed to guarantee the payment of credit goods due to the purchase of petroleum products from Hyundai Daily Bank (State), the insurance amount of KRW 1,00,000,000, and the insurance period of KRW 1,000,000. The face-to-face development jointly and severally guaranteed the liability of Section (State) under the said guarantee insurance contract by offering.

B. In relation to the instant guarantee insurance contract, the electronic documents for the joint and several surety guarantee of Defendant B’s debt under the said guarantee insurance contract (hereinafter “instant joint and several surety agreement”) was prepared by means of digital signature via the Defendant B’s authorized certificate.

C. Around April 24, 2012, the Plaintiff paid KRW 1,000,000,000 as insurance money to the Hyundai Lao Bank Co., Ltd. (the insured).

According to the instant guarantee insurance contract, where the Plaintiff pays insurance money, C(State) paid the Plaintiff the insurance money and the amount of damages for delay in addition to the interest rate determined by the Plaintiff from the day following the payment of insurance money to the day of full payment. Accordingly, C(State)’s interest rate for delay applied by the Plaintiff is 6% per annum from the day following the payment of insurance money to 30% per annum, 9% per annum from the day following the payment of insurance money to December 31, 2015, 15% per annum from the next day

E. Meanwhile, as of May 24, 2016, KRW 130,927,547 out of the above-paid insurance proceeds were recovered; KRW 869,072,453 of the remainder of the paid insurance proceeds and damages for delay up to that point remains unrecied KRW 1,441,363,173 of the remainder of the paid insurance proceeds remains unrecied.

[Ground of Recognition] B between the Plaintiff and the Defendant (State): Dispute between the Plaintiff and the Defendant under Article 150 of the Civil Procedure Act.