구상금 청구의 소
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 35,329,98 and KRW 35,156,613 from June 17, 2019 to August 3, 2019.
1. Facts of recognition;
A. On July 2018, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee contract”) with Defendant C Co., Ltd. (hereinafter “Defendant Company”) and with Defendant Company F Co., Ltd. (hereinafter “F”) with respect to the goods supply contract, the Plaintiff entered into a guarantee insurance contract with the insured F, the insured amount of KRW 100 million, the insurance period of KRW 100 million, and the period from July 27, 2018 to July 26, 2018, and Defendant D and E jointly guaranteed the Defendant Company’s obligations under the said guarantee agreement.
On the other hand, the defendant company should pay damages for delay as determined by the plaintiff pursuant to the contract of this case. The damages for delay rate is 6% per annum from the day following the payment date of insurance money to 30% per annum and 9% per annum from the following day
B. Since May 17, 2019, the Plaintiff subrogated for KRW 100 million to F.
C. Meanwhile, the claim under the instant guarantee agreement, calculated as of June 16, 2019, after deducting the amount partially repaid from the Defendants, is the principal amount of KRW 35,156,613, and damages for delay KRW 173,375.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 35,329,988 (=35,156,613 won) and KRW 35,156,613, which is the principal, to the Plaintiff (i.e., the total amount of KRW 35,156,613 won) and the principal amount of KRW 35,156,613 from June 17, 2019, which is the day following the date of calculating the last damages for delay, to August 3, 2019, the agreed delay interest rate of KRW 9%, which is the agreed delay interest rate, and the amount from the next day to the date of full payment, to the day of full payment.
3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.