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(영문) 광주지방법원 2017.04.18 2016가단521377

구상금 등 청구의 소

Text

1. Defendant A’s KRW 28,33,33 of the Plaintiff and its related KRW 5% per annum from March 21, 2015 to October 7, 2016.

Reasons

1. Basic facts

A. On December 1, 2012, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) with the non-party company (hereinafter “the non-party company”) stating “the insured Bosi, the insurance period from December 1, 2012 to November 30, 2014,” and “85,000,000 won” (hereinafter “the instant insurance contract”) with respect to the non-party company’s liability for indemnity against the Plaintiff under the instant insurance contract, as the sales agency contract was concluded with the non-party company.

B. According to the insurance contract of this case, where the non-party company did not perform its obligation against the non-party company's Bosul household guaranteed by the plaintiff (hereinafter "insurance accident"), the non-party company and its guarantor pay the insurance proceeds to the plaintiff to Bosul household in addition to the insurance proceeds paid by the non-party company and its guarantor [6% per annum from the day following the payment date to the date of the insurance proceeds to the date of full payment, within the maximum overdue interest rate as determined by the plaintiff (9% per annum from the 30th day after the payment date, 9% per annum from the 90th day to the 90th day after the payment date)].

C. On January 17, 2014, the non-party company did not pay the price for the goods under the sales agency contract to Bosi households, and the insured event under the insurance contract of this case occurred on March 20, 2015, the Plaintiff paid KRW 85,000,000 insurance money to Bosi household, the insured, and on June 13, 2016, the non-party company paid KRW 103,374,720 (i.e., the principal amount of KRW 85,00,000,000 and the outstanding amount of KRW 5,240,480).

On the other hand, Defendant A shall be liable for the damages incurred on the other hand.

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