beta
(영문) 서울중앙지방법원 2018.08.14 2017가단5233316

구상금

Text

1. As to KRW 305,917,800 among the Plaintiff and KRW 300,000,000 among them, the Defendant shall start from November 10, 2017 to November 16, 2017.

Reasons

1. Facts of recognition;

A. On December 24, 2003, 2003, the East Jinjin U.S. Camp (hereinafter “the U.S. company”) filed an application for provisional attachment against the real estate owned by the Defendant with the claim for the damages claim against the Defendant for the damages claim against the Defendant, and received the decision of provisional attachment on January 5, 2004

(Seoul Western District Court 2003Kahap2133, hereinafter referred to as the "provisional attachment of this case"). (b)

The defendant filed an objection against the provisional seizure of this case (Seoul Western District Court 2006Kahap1142). In the above provisional seizure objection case, the court rendered a decision to revoke the provisional seizure of this case on the condition that the defendant deposit KRW 300 million for the security or submits a document concluding a payment guarantee entrustment contract with the above amount as the insurance amount.

C. Accordingly, the Defendant entered into a deposit guarantee insurance contract with the insured non-party company, the insurance amount of KRW 300,000,000 (hereinafter “instant guarantee insurance contract”), and issued a deposit guaranty insurance policy (securities number B), and submitted it to the court, and rescinded the execution of the instant provisional seizure.

At the time of the conclusion of the instant guarantee insurance contract, the Defendant immediately repaid the insurance money to the Plaintiff when the Plaintiff pays the insurance money to the insured, but, if delayed, paid the delayed payment.

The rate of delay damages applied by the Plaintiff shall be 6% per annum from the date following the date of payment of insurance proceeds to 30 days, 9% per annum from the following day to 60 days, and 12% per annum from the following day to the date of full payment.

After all, the non-party company brought a lawsuit against the defendant to seek damages against the defendant and for the payment of insurance proceeds against the plaintiff (Seoul Central District Court 2016 Gohap51279, and the above decision became final and conclusive on July 14, 2018). According to the above decision, the plaintiff paid KRW 300,000,000 insurance money under the guarantee insurance contract of this case to the non-party company on August 11, 2017.

E. Meanwhile, the Plaintiff.