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(영문) 수원지방법원 2018.05.03 2018가단820

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 616,643,690 and KRW 566,787,227 among them. From December 9, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an implementation insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) as described in the No. 1 through No. 7 of the attached Table 1 insurance contract, and Defendant B jointly and severally guaranteed all the obligations owed by the Defendant Company to the Plaintiff in relation to each of the above performance insurance contracts.

B. Meanwhile, in the event that the Plaintiff pays insurance money to the insured, the Defendant Company agreed to pay the insurance money paid by the Plaintiff and the delay damages to the Plaintiff. The interest rate applied to delay damages publicly notified by the Plaintiff from the day following the payment date of insurance money to the day of full payment. The interest rate applicable to delay damages publicly notified by the Plaintiff is 6% per annum from the day following the payment date to 30% per annum, 9% per annum from the next day to the day of full payment, and 12% per annum from the next day to the day of full payment, and the fixed delay damages accrued until February 8, 2017 are 49,856,463 won per annum as stated in the column for delay damages for confirmation of

C. After that, the Plaintiff paid the insured totaling KRW 588,267,227,227 to each of the insurance proceeds stated in the item column for the payment date of the insurance proceeds stated in the attached Form 2, due to the insurance accident of the Defendant Company.

[Ground for recognition] Defendant Company: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act); Defendant B: The absence of dispute; each entry of evidence Nos. 1 through 7 (including additional number); and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring special circumstances, the Defendants jointly and severally paid to the Plaintiff the sum of KRW 21,480,00,000 paid to the Plaintiff and KRW 566,787,227,227, and KRW 616,643,69,690, and KRW 566,787,227,227, which were incurred until February 8, 2017, and KRW 49,856,463, and KRW 5666,787,227, which were incurred until February 8, 2017.