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(영문) 서울중앙지방법원 2013.03.20 2012가단263140

구상금

Text

1. The Plaintiff:

A. As to Defendant B and Defendant C’s joint and several KRW 48,810,486 and KRW 47,886,276 among them, the amount of KRW 48,810 and KRW 47,86.276 on August 16, 20

Reasons

1. The part of the claim against the defendant B and the defendant D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. The part of the claim against the defendant C

A. The facts of recognition 1) Defendant B entered into a main transaction agreement with Nonparty E, a company, to provide the surety insurance policy issued by the Plaintiff as a security for the payment guarantee of goods price, to the insured. On October 11, 2011, Defendant B entered into a guarantee insurance contract for performance (sale of goods) between the Plaintiff and the Plaintiff (hereinafter “instant insurance contract”).

Defendant C entered into a joint and several guarantee contract between the Plaintiff and Defendant B (hereinafter “instant joint and several guarantee contract”).

(B) Securities Number: F’s insurance coverage amount: KRW 50,00: the insurance coverage amount: from October 11, 201 to October 2, 2012; when concluding the instant insurance contract, Defendant B failed to perform an agreement with the insured and thus the Plaintiff pays the insurance amount to the insured; Defendant B and Defendant C immediately paid the amount of indemnity to the Plaintiff; however, in order to delay, Defendant B and Defendant C agreed to pay damages for delay at the rate of overdue interest applied by the Plaintiff within the maximum overdue interest rate from the date following the payment of the insurance amount to the financial institution under the Banking Act.

3) The Plaintiff’s overdue interest rate in relation to the instant insurance contract is 6% per annum from May 18, 2012 to June 16, 2012, 9% per annum from June 17, 2012 to August 15, 2012, 15% per annum from August 16, 2012 to the delivery date of the copy of the instant complaint, 20% per annum from August 16, 2012 to the delivery date of the copy of the instant complaint, and 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. (4) The Plaintiff did not discharge the principal obligation and paid insurance money to E Co., Ltd. on May 17, 2012.

5) The damages for delay until August 15, 2012, calculated in accordance with the foregoing 3, shall be KRW 944,210.