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(영문) 서울중앙지방법원 2016.08.23 2016가단44736

구상금

Text

1. The Defendants are jointly and severally liable for 82,733,976 won and 80,433,561 won among them from April 2, 2016.

Reasons

1. In fact, Defendant Incorporated Incorporated Company A (hereinafter “Defendant Company”) entered into a contract with a Pampco Co., Ltd. on September 2014, and entered into a guarantee insurance contract with the Plaintiff to secure the payment of the credit goods.

When the plaintiff under the above contract pays insurance money to Pampco Co., Ltd., the defendant company should pay the delayed interest rate (6% per annum from the day following the payment date of insurance money until 30 days, 9% per annum from the next day to the 60 days, and 12% per annum from the next day to the delivery date of the copy of the complaint) applied by the plaintiff in addition to the delay interest rate applied by the plaintiff

On December 23, 2015, the Plaintiff paid insurance proceeds to Pampco Co., Ltd. 99,958,571.

By April 1, 2016, the Defendant Company’s liability for indemnity against the Plaintiff remains 82,733,976 won in total, including the principal amount of KRW 80,43,561, delay damages amount of KRW 2,30,415.

[Reasons for Recognition] Unsatisfy, Gap 1-5 evidence (including virtual number), the purport of the whole pleadings

2. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 82,733,976 and the principal amount of KRW 80,43,561, the agreed interest rate of KRW 12% per annum from April 2, 2016 to the delivery date of a duplicate of the complaint of this case from April 2, 2016 to the delivery date of a copy of the complaint of this case, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of

Service date of a copy of complaint; Defendant Company shall serve April 27, 2016; Defendant B shall serve April 26, 2016.