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(영문) 서울중앙지방법원 2015.02.13 2013가단132489

구상금

Text

1. As to KRW 42,702,535 and KRW 40,423,224 among the Plaintiff, Defendant A’s year from April 26, 2013 to May 27, 2013.

Reasons

1. The defendant A (hereinafter referred to as "the defendant") is only the defendant in this subsection, and the defendant B is also the defendant in the case of paragraph (2) below.

For the purposes of this section:

가. 청구의 표시 원고는 2012. 1. 25. 피고와 사이에, 피고가 SK네트웍스와 체결한 이동통신 단말기 판매 및 서비스 위탁 계약에 의하여 장래 부담하게 될 손해배상채무에 대한 보증보험계약(보험가입금액 5,000만 원, 보험기간 2012. 1. 26. ~ 2013. 1. 25.)을 체결 SK네트웍스의 2012. 9. 10.자 보험금 청구에 따라, 원고는 2012. 10. 25. 38,628,700원, 2013. 2. 25. 2,463,550원을 지급 이에 원고는 피고에 대하여 2013. 4. 25. 현재 미변제 구상원리금 합계 42,702,535원(= 원금 40,423,224원 보험금 지급일 이후 지연손해금 2,279,311원) 및 그 중 원금 부분에 대하여 2013. 4. 26. 이후의 약정(15%) 내지 법정(20%) 지연손해금의 지급을 구함

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to Defendant B

A. The reason for this part of the claim is that the defendant is jointly and severally liable to pay the amount stated in the purport of the claim jointly and severally with the defendant, since the defendant is jointly and severally liable to pay the indemnity obligation to be borne by the defendant A under the guarantee insurance contract stated in

B. A claim against the defendant cannot be accepted, and the reasons are as follows.

The joint and several guarantee agreement that Defendant A’s indemnity obligation under the guarantee insurance contract dated January 25, 2012 was established between the original and the Defendant as the principal obligation. It is recognized that the joint and several guarantee agreement was based on an electronic document sent to the Plaintiff by digital signature on the same day after undergoing the procedure for the principal certification by the Defendant’s authorized certificate. Furthermore, the above Defendant’s authorized certificate was issued through the Internet banking of Korea on January 18, 2012.

However, it is the premise for the issuance of an authorized certificate through the above Internet banking, and users' ID and secret registration accompanied by the Internet banking application for the opening of a bank account and electronic financial transactions, and the defendant himself.