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(영문) 광주지방법원 2017.06.08 2016가단28267

구상금

Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 30,177,530 and KRW 30,000,000 among them, August 3, 2016.

Reasons

1. Facts of recognition;

A. On October 21, 2015, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Defendant Company A (hereinafter “Defendant Company”) for the payment guarantee of the purchase price of the Defendant Company, and the Defendant Company jointly and severally guaranteed the Defendant Company’s debt owed to the Plaintiff due to the instant guarantee insurance contract. The Defendant Company jointly and severally guaranteed the Defendant Company’s debt to the Plaintiff due to the instant guarantee insurance contract.

B. In the event that the Defendant Company did not pay the price of goods to the spug that is the insured at the time of entering into the instant guarantee insurance contract, and the Plaintiff paid the insurance money to the insured, the Defendant Company immediately paid the insurance money to the Plaintiff, but if delayed, paid the delayed interest rate determined by the Plaintiff in addition

C. Since then, the Defendant Company did not pay the amount of goods to the insured, the insured claimed insurance money to the Plaintiff, and accordingly, the Plaintiff paid KRW 30,000,000 to the insured on June 29, 2016.

The overdue interest rate from June 30, 2016 to July 29, 2016 determined by the Plaintiff is 6% per annum, and the overdue interest rate from the next day to the delivery date of the complaint in this case is 9% per annum, and the total delay interest from June 30, 2016 to August 2, 2016 on the day following the above payment date is 17,530 won.

[Reasons for Recognition] Defendant Company, Defendant C: Evidence Nos. 1 through 4, Evidence No. 5-1 and 5-2, and the purport of the whole pleadings

2. According to the above facts of recognition of the claim against Defendant Company A and B, Defendant Company A and B jointly and severally filed with the Plaintiff KRW 30,177,530 (= KRW 30,000,000) and KRW 30,000,000 among them, the Plaintiff shall be jointly and severally filed with the Plaintiff during the period from August 3, 2016 to August 11, 2016, which is the delivery date of the instant complaint.