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(영문) 서울중앙지방법원 2017.10.17 2015가단113994

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 29,768,890 and KRW 3,393,550 among them, 15% per annum from May 26, 2017 to the date of full payment.

Reasons

1. Basic facts

A. A. On April 21, 2009, the Plaintiff entered into a performance guarantee insurance contract between the Plaintiff and B and the Defendant’s joint and several guarantee contract (1) with B, as follows, a performance guarantee insurance contract (including both the following modified contract, etc.) to guarantee the liability for damages arising from the conclusion of the spring water agency contract with B (hereinafter “instant performance guarantee insurance contract”).

① Insured: The insurance period: (2) from April 21, 2009 to April 20, 2010: (3) the contract amount: 90,000,000 won (2) the Plaintiff entered into a contract with B on September 1, 2009 to increase the contract amount to KRW 250,000,000 with the base date for increase as of September 1, 2009; (3) at the time the Defendant jointly and severally guaranteed all the obligations owed by B to the Plaintiff in accordance with the instant guarantee insurance contract, and signed on the important description related to the guarantee insurance contract.

(3) From April 21, 2010 to April 20, 201, the Plaintiff again concluded a performance guarantee insurance contract with the term of insurance from April 21, 2010 to April 20, 201; the term of insurance; the term of insurance from April 21, 2010 to April 20, 201; the term of insurance; and the term of insurance from April 21, 201 to April 20; and the term of debt incurred prior to the commencement of the term of insurance to the extent of the amount of insurance coverage; and the Defendant also jointly and severally guaranteed the said contract.

(4) On April 21, 201, the Plaintiff concluded a performance guarantee insurance contract with B, setting the insurance period from April 21, 201 to April 20, 2012, as follows: (a) the insurance amount as KRW 100,000,000; and (b) the unique matters as “within the limit of the insurance amount as to the obligations arising under the contract under the above paragraph (3) and the obligations coming within ninety (90) days from the day following the end of the insurance period; and (c) the amount of the obligations arising before the commencement of the insurance period as KRW 394,563,77, etc.; and (d) the Defendant jointly and severally guaranteed the said contract.

(v).