beta
(영문) 대구지방법원 2018.11.23 2018가단113536

구상금

Text

1. Defendant B’s KRW 27,709,034 as well as the Plaintiff’s KRW 6% per annum from April 26, 2018 to May 25, 2018, and May 26, 2018.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff is a specialized guarantee agency that provides guarantee services necessary for various commercial transactions, etc., and Defendant B is a policyholder of the instant guarantee insurance contract, and Defendant C is a beneficiary who acquired real estate listed in the attached Table B with Defendant B as a sales contract.

B) Specifically, the Plaintiff between Defendant B and Defendant B on November 8, 2017, as the policyholder; Nonparty D and 15; the insured amount; KRW 50,000,000; the insurance period from November 15, 2017 to November 14, 2018; and the content of the guarantee is the performance guarantee insurance contract with the content of the guarantee as the payment guarantee for the amount of credit goods (hereinafter “instant guarantee insurance contract”).

(C) However, around February 20, 2018, Defendant B discontinued Emb (Pulju) around February 20, 2018. From March 5, 2018, Defendant B failed to pay KRW 27,709,034 of the credit goods price of KRW 15,000,000, and Nonparty D claimed insurance proceeds to the Plaintiff on March 14, 2018.

On April 25, 2018, the Plaintiff paid KRW 27,709,034 to the insured D.

2) As seen above, Defendant B, as a policyholder who caused the instant insurance accident, has a duty to pay the insurance proceeds of KRW 27,709,034 and delay damages of KRW 27,709,034, which the Plaintiff paid to Nonparty D, the insured.

B) Therefore, Defendant B, a policyholder, has the obligation to pay to the Plaintiff KRW 27,709,034 as well as the said KRW 27,709,034 from April 26, 2018 to May 25, 2018, the rate of interest rate of delay damages publicly notified by the Plaintiff from April 26, 2018 to May 25, 2018 to 60 days from the date of payment of insurance proceeds; 9% per annum from the next 60 days; 6% per annum from the next 9% from May 26, 2018 to July 24, 2018; and 12% per annum from the next day to October 22, 2018 to the date of payment; and 3% per annum from the next day to the date of full payment) to C.