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(영문) 부산지방법원 2014.11.19 2013가합49650 (1)
구상금등 청구의 소
Text

1. (a) On September 30, 2013, between Company A and the Defendant, the Defendant against the Defendant of Company A 300,000.

Reasons

Facts of recognition

A Co., Ltd. (hereinafter referred to as “A”) entered into a guarantee insurance contract and joint and several sureties agreement (hereinafter referred to as “B”) around July 2012, the term of the contract was from August 10, 2012 to August 10, 2013; and the term of the contract was extended from August 10, 2012 to August 10, 2013; however, the term of the contract was extended to October 31, 2013.

A, in order to secure the payment of the deposit for the payment of the deposit for the pre-sale of the instant supply contract between the Plaintiff and the Plaintiff, each of the guarantee insurance contracts as listed below Nos. 1, and each of the guarantee insurance contracts as listed below Nos. 2 and 3 to secure the payment of the deposit for the pre-sale of the instant supply contract, and the payment of the deposit under the pre-sale of the pre-sale of the steel contract:

(2) The term of insurance contract under the name of a contract is extended from August 1, 2012 to October 31, 2013, following the extension of the term of insurance contract under the instant supply contract.

300 million won 2. 17. 17. 17. or October 16, 2013. 150 million won advance payment guarantee insurance contract from October 17, 2012 to October 16, 2013. 3 billion won from November 21, 2012 to November 201, 2013. B, C, and D agreed on joint and several guarantee for A’s indemnity liability under each guarantee insurance contract of this case (hereinafter “each joint and several guarantee agreement of this case”). Where the Plaintiff pays by subrogation under each guarantee insurance contract of this case, the amount of delay damages determined by the Plaintiff (including 6% per annum from the date following the date of subrogation to 30% per annum, 9% per annum, and 90% per annum from November 21, 2012 to November 20, to November 2013; 15% per annum from the date of occurrence of each insurance accident).

The plaintiff, on October 28, 2013, is on the ground of the non-performance of A by the plaintiff.

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