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(영문) 서울중앙지방법원 2016.01.13 2015가단69318

구상금

Text

1. As to the Plaintiff’s joint and several KRW 50,456,160 and KRW 50,000,000 among them, Defendant A agricultural partnership, B, and C shall be jointly and severally liable for payment of KRW 50,456,160.

Reasons

1. Basic facts

A. On February 21, 2014, Defendant A Agricultural Cooperative (hereinafter “Defendant A”) concluded with the Plaintiff a guarantee insurance contract (hereinafter “instant insurance contract”) concluded between the Plaintiff and the Plaintiff for the payment guarantee of the purchase price for credit goods pursuant to an agricultural credit transaction agreement with the head of the Defendant corporation, with the insured head of the grain agricultural cooperative, the purchase price of which is KRW 50,00,000, and the insurance period from February 21, 2014 to February 20, 2015.

B. At the time of the instant insurance contract, when the Plaintiff paid the insured amount due to the occurrence of the insured event, the Plaintiff and the Defendant corporation agreed to pay the insured amount in addition to the interest rate set by the Plaintiff from the day following the date of the payment of the insurance amount to the day of full payment. The interest rate on arrears therefrom is 6% per annum from the day following the date of the payment of the insurance amount to 30% per annum, 9% per annum from the 31st to

C. From February 26, 2014 to June 21, 2014, the Defendant corporation delayed the payment of goods due to credit supply transaction with the head of the Geumcheon Agricultural Cooperative. The Plaintiff paid KRW 50,000,000 to the head of the Daegu Agricultural Cooperative on February 25, 2015 upon a claim of the insurance money from the head of the Geumcheon Agricultural Cooperative, the insured, on January 21, 2015.

The principal and interest claim under the instant insurance contract is KRW 50,456,160,00 in total, and the final delay damages as of April 13, 2015, KRW 456,160 in total, and KRW 50,456,160 in total.

E. Defendant B is a member and a representative director of the Defendant Corporation.

As of February 12, 2013, the copy of the register of the defendant corporation is registered as defendant C as of February 12, 2013, defendant E as of December 15, 2014, and defendant D as of August 27, 2014.

[Ground of Recognition] Defendant Corporation: Defendant B, C, D, and E under Article 150(1) and (3) of the Civil Procedure Act; the absence of dispute; each entry in Gap 1 through 9 (including serial numbers); the purport of the whole pleadings

2. Determination

A. Defendant corporation, B, and Defendant corporation