구상금 청구의 소
1. The Defendants jointly and severally pay KRW 334,252,052 to the Plaintiff.
2. The plaintiff's remaining parts against the defendants.
1. Facts of recognition;
A. On August 10, 2005, the Plaintiff entered into an insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the joint and several guarantee of Defendant C, D, and E, with the term “the insured-insured interest rate F, the insurance amount of KRW 500,000,000, the insurance period from August 9, 2005 to August 8, 2006, with the term “from August 9, 2005, the Plaintiff entered into an insurance contract for performance (payment) to guarantee the payment of damages liability in accordance with the mobile communications agency contract with the LAF and the payment of the credit goods
(hereinafter “instant guarantee insurance contract” (hereinafter “the instant guarantee insurance contract”). According to the said guarantee insurance contract, when the Plaintiff pays the insurance proceeds due to the occurrence of the insurance accident, the Defendant Company immediately reimbursed the insurance proceeds to the Plaintiff, and paid damages for delay in accordance with the overdue interest rate determined by the Plaintiff within the maximum of the overdue interest rate out of the ordinary loan interest rate of commercial banks from the day following the payment date of the insurance proceeds to the full
B. The LAF filed a claim against the Plaintiff for the payment of KRW 500,000,000 on the ground that the insured event occurred, and the Plaintiff paid KRW 500,000,000 insurance money to the LAF on June 12, 2009, and then filed a lawsuit against the Defendants for the claim for reimbursement from the same court in Seoul Central District Court Decision 2009Da260042, Nov. 29, 2010 (hereinafter “instant judgment”), which became final and conclusive on November 29, 2010, that “the Defendant jointly and severally filed a claim against the Defendants for reimbursement of KRW 500,000,000 with the Plaintiff, and from June 13, 2009 to August 4, 2009, the amount of KRW 20% per annum from the next day to the day of full payment.”
C. After the above final and conclusive judgment, the Plaintiff recovered KRW 125,959,562 from the principal amount of KRW 500,000,000 and damages for delay KRW 460,211,61, and collected KRW 125,959,562, and still remains 334,252,052.
On June 11, 2020, the Plaintiff extended the extinctive prescription of the instant judgment bond.