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(영문) 서울중앙지방법원 2015.07.15 2014가단231581

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 34,716,39 and KRW 34,044,831 from October 24, 2014 to November 2014.

Reasons

1. Determination on the cause of the claim

A. The facts stated in the separate sheet are either in dispute between the parties or in accordance with the purport of Gap evidence 1 to 6 (including paper numbers), Gap evidence 1 to 4 (including paper numbers), and the entire pleadings.

In particular, the Defendant asserted that part of the amount of guarantee accident related to the collection of fees paid to the Plaintiff’s Intervenor included in the part of the amount of guarantee accident, but reversed the above argument and recognized that the payment of the above guarantee accident was related to the contract concluded by the Defendant.

B. According to the above facts, Defendant A is the principal obligor of the Guarantee Insurance Contract. Defendant B, as a joint and several surety, is jointly and severally liable to pay to the Plaintiff 34,716,399 won totaling the principal of the indemnity and the damages for delay up to October 23, 2014, the amount of 34,04,831 won totaling the principal of the indemnity and the damages for delay up to October 23, 2014, calculated at the rate of 5% per annum as prescribed by the Civil Act from October 24, 2014 to November 20, 2014, the delivery date of the final complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 21, 2014 to the date of full payment.

2. Full acceptance of the Plaintiff’s claim