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(영문) 대전지방법원 2016.02.03 2015가단219877

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 49,864,540 won and the period from July 17, 2015 to August 16, 2015.

Reasons

1. Basic facts

A. On March 29, 2015, Defendant Green World Co., Ltd. (hereinafter “Defendant Company”) concluded a performance guarantee insurance contract with the Defendant for the purpose of guaranteeing the payment of credit goods payment obligations under a goods transaction contract between the company with housing construction business, etc. (hereinafter “instant performance guarantee insurance contract”) from March 20, 2015 to March 19, 2016 (hereinafter “instant performance guarantee insurance contract”).

B. The Defendant Company did not perform the credit goods payment obligation against B, and B claimed that the Plaintiff pay the guaranteed insurance money under the instant performance guarantee insurance contract. On July 16, 2015, the Plaintiff paid KRW 49,864,540 to B, the insured, as the guaranteed insurance money.

C. Meanwhile, according to the instant performance guarantee insurance contract, when the Plaintiff paid the insured benefit under the performance guarantee insurance contract to the insured, 6% per annum for the period from the day following the payment day to the 30th day after the payment day, and 9% per annum for the subsequent period.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings

2. Determination on Defendant Company

(a) Indication of claims: The same shall apply to the description in the corresponding part of paragraph (1) above;

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

3. Determination as to Defendant A

A. In addition to the contents in Gap evidence No. 1-7 of the joint and several guarantee contract, if we examine the whole purport of the pleading, a performance guarantee agreement, a joint and several guide book, and a joint and several surety entry certificate, which purport that "the defendant company's liability for indemnity against the plaintiff of the defendant company arising from the payment of the plaintiff's guaranteed insurance pursuant to the performance guarantee insurance of this case is jointly and severally guaranteed" prepared at the time of the performance guarantee insurance contract of this case, are electronic documents via digital signature using the defendant A'