beta
(영문) 수원지방법원 2015.12.29 2015가단32130

구상금

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally agreed on KRW 88,563,013 and KRW 85,000,000 among them. < Amended by Act No. 11013, Jan. 1, 2011>

Reasons

1. The following facts do not conflict between the Plaintiff, Defendant B, and C, and between the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) may be acknowledged by taking into account the respective descriptions of evidence A and the entire purport of the pleadings.

The Defendant Co., Ltd. concluded a contract for the collection, transportation, and disposal of wastewater with Choyang Co., Ltd. on October 1, 2009 (hereinafter “Nonindicted Co., Ltd.”) and concluded a performance guarantee insurance contract between the Plaintiff and the insured with the amount of insurance coverage amounting to KRW 85 million, and the insurance period from October 1, 2009 to September 30, 201 (hereinafter “the instant guarantee contract”). Under the instant guarantee contract and the general terms and conditions, the Defendant Co., Ltd. neglected to perform its duties and paid the Plaintiff insurance money if the Plaintiff pays the insurance money due to the occurrence of an insured event which the Defendant Co., Ltd. neglected to perform its duties, the Defendant Co., Ltd. paid the Plaintiff damages in accordance with the rate of delay damages set by the Plaintiff from the day following the payment of insurance money and insurance

(The interest rate in arrears is 15% per annum from January 19, 201 to the present date).

At the time of the instant guarantee agreement, Defendant B, the representative director of the Defendant Company, guaranteed the Defendant Company’s obligation under the instant guarantee agreement, and Defendant C, the wife of Defendant B, guaranteed the Defendant Company’s obligation under the instant guarantee agreement within the limit of KRW 127.5 million, which is 150% of the purchase amount of the insurance.

C. On October 20, 2010, the Defendant Company claimed the Plaintiff to pay the insurance money stipulated in the instant guarantee agreement, and the Plaintiff paid KRW 85 million insurance money to the Nonparty Company.

As of January 18, 2011, KRW 3,563,013 under the instant guarantee agreement and KRW 88,563,013 are not repaid.