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(영문) 서울중앙지방법원 2019.02.11 2018가단5080694

구상금

Text

1. As to KRW 130,102,960 and KRW 99,014,743 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 1, 2016 to March 23, 2018.

Reasons

1. Basic facts

A. On January 21, 2013, the Plaintiff entered into a guarantee insurance contract (payment) with D Co., Ltd. (hereinafter “D”), with respect to the maritime cargo and incidental expenses to be borne by D to E Co., Ltd. (hereinafter “E”), with respect to the insurance amount of KRW 50,00,000,000 from January 28, 2013 to January 27, 2014 (hereinafter “instant guarantee insurance contract”); and ② around February 14, 2013, D Co., Ltd. (hereinafter “F”) with respect to the cost of restoring to the original state following the container lease contract, the Defendant entered into the guarantee insurance contract with F, insurance amount of KRW 50,00,000,00 and the insurance period from February 1, 2013 to February 14, 2014, with respect to each of the above guarantee insurance contracts (hereinafter “F”).

B. D does not pay marine cargo freight and incidental expenses, and E claimed insurance money to the Plaintiff on July 25, 2013 under the instant guarantee insurance contract. The Plaintiff paid KRW 49,014,743 of the insurance money to E on August 27, 2013, and the liability for indemnity against D arising therefrom is the principal amount of KRW 49,014,743 of the base date of December 31, 2015, KRW 16,396,437 of the fixed delay damages, and the interest rate for delay from January 1, 2016 is 12% per annum.

C. D does not pay expenses for the restoration of the original state, such as expenses for the recovery of equipment under a container lease agreement, around November 29, 2013, and F claimed for the payment of insurance money to the Plaintiff pursuant to the instant guarantee insurance contract, and the Plaintiff paid KRW 50,000,000 insurance money to F on December 4, 2013, and the liability for reimbursement to the Plaintiff incurred therefrom is the principal amount of KRW 50,000,000 as of December 31, 2015, KRW 14,691,780 as of December 31, 2015, and the interest rate for delay from January 1, 2016 is 12% per annum.

[Grounds for recognition] Each entry of Gap evidence 1 and 2 (including each number),