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(영문) 부산지방법원 2018.12.06 2017가단328187

구상금 등

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1. Defendant B: (a) 6% per annum from March 15, 2017 to April 13, 2017; and (b) April 14, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s prior reimbursement claim against Defendant B 1) Defendant B, Inc. (hereinafter “D”).

() In order to guarantee the payment of credit on the basis of the conclusion of a contract for goods supply, the performance guarantee insurance contract concluded between the Plaintiff and the insured amount of KRW 30 million, the insured D, and the insurance period from March 7, 2016 to March 6, 2017 (hereinafter “instant insurance contract”) on March 15, 2016 (hereinafter “instant insurance contract”).

(2) According to the instant insurance contract, in the event that Defendant B’s failure to perform its obligations or obligations to Defendant B on behalf of the Plaintiff under the instant insurance contract, Defendant B bears 6% per annum from the date following the date of subrogation payment (6% per annum from the date following the date of subrogation payment, 9% per annum from the date of 30 days following the date of subrogated payment, 9% per annum from the date of 90 days after the date of lapse of 90 days, and 12% per annum from the date of occurrence of the insured event, or the event of the occurrence of the cause of registration of the public record information under the “Credit Information Management Rules” of E organization, the payment by subrogation, the payment by subrogation, the information disturbing financial order, and the registration of the public record information, will bear the obligation of advance reimbursement

3) On February 3, 2017, D terminated the pertinent contract for the supply of goods on the ground of nonperformance to Defendant B, and on February 15, 2017, D claimed insurance proceeds under the instant insurance contract to the Plaintiff on February 15, 2017. (4) The Plaintiff subrogated for KRW 23,940,841 on March 14, 2017.

B. Defendant B’s act of disposing of the property of Defendant B (i) on November 14, 2016, Defendant C Limited Company (hereinafter “Defendant Company”).

each real estate listed in [Attachment I] and 2 (hereinafter referred to as "F real estate of this case") in the Schedule to the Corporation.

As to November 1, 2016, the reservation to sell and purchase (hereinafter referred to as “instant reservation to sell and purchase”) is called “the reservation to sell and purchase.”

The provisional registration of the right to claim ownership transfer was completed on the ground of the foregoing provisional registration. The Defendant Company is referred to as the “first sale contract of this case” on October 28, 2016, based on the said provisional registration.

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