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(영문) 수원지방법원 2016.06.22 2015가단39438

구상금

Text

1. The defendant shall pay to the plaintiff KRW 81,953,497 as well as KRW 77,173,00 among them, from January 1, 201 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant concluded with the Plaintiff an insurance contract for authorization and permission, which was set out from April 22, 2008 to November 30, 2010, for the guarantee of deposit for restoration expenses due to the conversion of land, other than 103, 103, 100, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, in order to guarantee the deposit for restoration expenses due to the conversion of land, which was set forth in the insurance period.

B. According to the above insurance contract, where an insured event occurs due to a failure to perform the defendant's obligation or obligation guaranteed by the plaintiff, the defendant shall immediately compensate the insurance proceeds when the plaintiff paid the insurance proceeds; however, if delayed, the number of days shall be calculated as one year and 365 days from the day following the date of payment of the insurance proceeds to the day of full payment; and if delayed, the defendant shall pay damages for delay calculated within the maximum overdue interest rate set by the plaintiff within the maximum overdue interest rate set by the Banking Act.

C. On September 3, 2010, Taecheon-gun filed a claim with the Plaintiff for the payment of the guaranteed insurance premium, while the insurance accident occurred due to the Defendant’s expiration of the period of conversion of a mountainous district and the non-execution of the construction. Accordingly, the Plaintiff paid KRW 7,173,00 of the insurance money to Taecheon-gun.

The maximum interest rate in arrears among the general interest rates in commercial banks is 19% per annum from September 4, 2010 to December 31, 2010, and 15% per annum from January 1, 2011.

E. As of December 31, 2010, the amount that the Defendant is liable to compensate to the Plaintiff is KRW 77,173,00 of the insurance proceeds to be paid as of December 31, 201, and KRW 81,780,497 of the fixed delay damages from September 4, 2010 to December 31, 2010 on the day following the payment date of the insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the Defendant’s total sum of KRW 77,173,000 insurance money to be paid to the Plaintiff and KRW 4,780,497 from September 4, 2010 to December 31, 2010, totaling KRW 81,953.

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