구상금
1. The part against the defendant in the judgment of the first instance shall be modified as follows:
The defendant is co-defendant in the first instance trial.
1. Facts of recognition;
A. On December 24, 2015, the Plaintiff entered into a guarantee insurance contract with the Co-Defendant C Co-Defendant C (hereinafter “Co-Defendant C”) of the first instance trial and issued the guaranty insurance policy to D Co., Ltd. (hereinafter “instant guarantee insurance contract”), setting the insurance period from January 30, 2016 to January 29, 202, with respect to the obligation under a motor vehicle lease agreement with D Co-Defendant C, Ltd. (hereinafter “Co-Defendant C”).
B. The main contents of the instant guarantee insurance contract are as follows.
Article 3 (Compensation for Loss and Bearing of Expenses) (1) When a company fails to perform its obligation or obligation guaranteed by the company (hereinafter referred to as “insurance accident”) pays insurance money to the insured, it and the surety shall immediately pay the insurance money to the insured, but if delayed, they shall pay the delayed payment in addition to the damages for delay in paying the insurance money.
(2) The damages for delay referred to in paragraph (1) shall be calculated by calculating the number of delayed days per day and multiplying the insurance proceeds by the applicable interest rate applicable to the damages for delay publicly announced by the company on a daily basis from the day following the payment date of insurance proceeds to the full payment date
Article 7 (Joint Guarantee) (1) The surety promises to perform jointly and severally all obligations under this Agreement with the principal.
December 24, 2015
C. At the time of the instant guarantee insurance contract, the Defendant signed the contract on the joint and several guarantee of the reimbursement obligation owed by C to the Plaintiff by the Plaintiff between the Plaintiff and C, and the said signature was made by means of an authorized certificate.
On October 31, 2018, the Plaintiff paid KRW 6,990,000 of insurance money to D Co., Ltd. upon receiving insurance claim from D Co., Ltd.
On the other hand, the amount of the insurance proceeds paid until November 30, 2018 is KRW 34,471, and the amount of the insurance proceeds paid is KRW 34,471, and the amount of the insurance proceeds paid after December 1, 2018.