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(영문) 부산지방법원 2015.02.06 2013가합9034

구상금

Text

1. The Plaintiff:

A. As to the Defendant Limited Liability Company A, B, C, and D’ jointly and severally KRW 300,000,000, and the foregoing:

B. Defendant F shall be.

Reasons

1. Basic facts

A. The Defendant-limited company A (hereinafter “Defendant-limited company”) related to the parties is a corporation for the purpose of liquor wholesale business, etc., and the Defendant C, E, and L were co-inheritors on April 16, 2012 after the death of Defendant B, D, and the network M.

is a director of the defendant company.

Defendant F is the father of Defendant B, and Defendant C is the representative director of the Defendant Company and the husband of the network M, and Defendant E and L are the children of Defendant C and the network M.

B. The Plaintiff’s claim for reimbursement against the Defendant Company B, C, D, F, E, and L (1) on May 20, 201, the Plaintiff between the Defendant Company and the Defendant Company, and the Defendant Company is Nonparty Punoa Korea Ltd. (hereinafter “Nonindicted Company”).

In order to guarantee the obligation for the payment of credit goods arising under an alcoholic beverage supply transaction agreement entered into with the insured company, the insured amount is KRW 300,000,000,000, and the insurance period is from May 20, 201 to May 19, 2013, and the performance guarantee insurance contract (the contract for the guarantee of the payment of goods; hereinafter “instant guarantee contract”) that the insured company determines as the non-party company.

According to the instant guarantee agreement, when the Plaintiff performs the guaranteed obligation, the principal obligor and the guarantor shall pay the Plaintiff the insurance money to be paid and the damages for delay calculated at the interest rate set by the Plaintiff within the maximum of the overdue interest rate among the overdue interest rates of financial institutions under the Banking Act. The interest rate for delay determined by the rate of 6% per annum 9% per annum from the 31st day to 90th day after the date following the date of the payment of the insurance money to the Plaintiff. The interest rate for delay determined by the annual interest rate of 9% per annum 15% per annum from the 30th day following the date of the payment of the insurance money to the 90th day after the date of the occurrence of the Plaintiff is as follows. 2) Defendant B, C, D, and the network M jointly and severally guaranteed the Defendant Company’s indemnity obligation under the instant guarantee agreement against the Plaintiff, and Defendant F jointly and severally guaranteed the Defendant Company’

3. On October 8, 2012, the Defendant Company did not pay the price for the goods to the non-party company due to the default on payment of the current bill, and the above liquor supply transaction agreement was made on November 8 of the same year.

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