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(영문) 대전지방법원 2018.01.16 2015가단226899

구상금 등

Text

1. As to KRW 48,277,750 and KRW 18,277,750 among the Plaintiff, Defendant A shall be from September 2, 2015 to October 1, 2015.

Reasons

1. Basic facts

A. On June 2014, the Plaintiff entered into a performance guarantee insurance contract (payment) contract (hereinafter “instant guarantee insurance contract”) with Defendant A as follows, and the Defendant A entered into an entrustment contract and consignment sales contract with C Co., Ltd. (hereinafter “Nonindicted Company”) on June 11, 2014, and provided the performance (payment) policy issued by the Plaintiff to Nonparty Company.

Guarantee Contents 1 Contract (Guarantee for Payment under Entrustment Contract) 2 Contract (Guarantee for Payment under Entrustment Contract) 2 Contract (Guarantee for Payment under Entrustment Contract) policyholder A Insured C Co., Ltd., A, the insurance amount of KRW 20,000,000,000 insurance amount of KRW 30,000,000, which is the insurance period from June 11, 2014 to June 11, 2015, or from June 11, 2014 to June 10, 2015, the insurance amount of KRW 18,27,750,00,000.

B. According to the instant guarantee insurance contract, if Defendant A did not perform his/her duty under the contract concluded with the non-party company, thereby causing an insurance accident, the Plaintiff agreed to compensate the non-party company for the damages within the insurance coverage amount, and the Defendant A agreed to pay the insurance money paid by the Plaintiff to the Plaintiff and the damages for delay in addition to the interest rate in arrears set by the Plaintiff within the maximum of the maximum interest rate in arrears among the general loan interest rate

The overdue interest rate determined by the Plaintiff is 6% per annum from the day following the payment date of insurance proceeds to 30 days, 9% per annum from the 30 days to the 90 days, and 15% per annum from the 90 days to the 90 days.

C. The non-party company claimed insurance proceeds against the Plaintiff on the ground of Defendant A’s breach of contract, etc. The Plaintiff paid the non-party company the insurance proceeds of KRW 8,277,750 on September 1, 2015 in relation to the first contract, and KRW 30,000,000 on October 17, 2017 in relation to the second contract.

On November 18, 2014, Defendant A entered into a pre-sale agreement with Defendant B on each of the real estate listed in the separate sheet, its sole active property (hereinafter collectively referred to as “instant real estate”), and on November 11, 2014, Daejeon District Court, Jin-si registry office of the Daejeon District Court.