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(영문) 서울중앙지방법원 2019.01.10 2017가합546311
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,080,056,40 and the period from October 6, 2018 to November 2, 2018.

Reasons

1. Basic facts

A. On January 19, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”), the purpose of which is to manufacture and sell boiler, entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Plaintiff, which is a stock company with the purpose of guarantee insurance, etc. (hereinafter “F”), with the policyholder B, the insured F, and USD 474,00.00 insurance period, from December 19, 2014 to May 18, 2019, in order to guarantee the repayment of the down payment under the G supply contract (hereinafter “instant prime contract”) entered into with the F Co., Ltd. (hereinafter “F”), with the insurance policyholder B, the insured F, and USD 474,000.0 insurance period, from December 19, 2014 to May 18, 2019, the insurance period of the instant guarantee insurance contract was set at KRW 540,028,200,200, 2005.

B. At the time of entering into each guarantee insurance contract of this case, the Defendants jointly and severally guaranteed the obligation to be borne by Defendant B to the Plaintiff due to each guarantee insurance contract of this case.

At the time of entering into an insurance contract, the Plaintiff and the Defendants agreed to apply the changed rate from the date of the change to the date of the change when the application rate is changed. The Defendants agreed to apply the changed rate from the date of the change to the date of the change to the interest rate determined by the Plaintiff within the maximum overdue interest rate among the overdue interest rate of financial institutions under the Banking Act, where Defendant B claimed insurance money to the Plaintiff and the Plaintiff subrogated the Plaintiff.

C. Defendant B is obligated to F under the instant prime contract.

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