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(영문) 서울중앙지방법원 2017.10.30 2017가단5059136
구상금
Text

1. The Plaintiff:

A. As to the Defendant A and B’s joint and several KRW 37,865,752 and KRW 30,000,000 among them, Defendant A and B shall be jointly and severally liable for payment of KRW 37,865,752.

Reasons

On December 29, 2013, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into an agreement on the supply of goods with the Plaintiff, and Defendant B, C, and D entered into a joint and several insurance contract covering the obligation to pay goods borne by the Defendant Company. On December 29, 2013, the Plaintiff and the Defendant Company entered into an insurance contract on the purchase price guarantee for performance goods as prescribed by the Defendant Company from December 29, 2013 to December 28, 2014, with the total amount of KRW 30,000 to KRW 30,000,000, insurance coverage amount, and KRW 30,000,000, insurance coverage amount, and KRW 30,000,000,000 as the total amount of damages for delay from February 10, 2015 to KRW 30,000,006 to KRW 2716,757,207.

According to the facts found above, the defendant company and Eul jointly and severally paid to the plaintiff 37,865,752 won (=30,000,000 won for delay damages of 7,865,752 won for delay damages of 30,000 won for subrogation) and 30,000 won, as the plaintiff seeks, 12% per annum, which is 15% per annum, from March 21, 2017 to May 30, 2017, and from the next day to the day of full payment, 15% per annum, which is 37,865,752 won for delay damages of 30,00 won for delay damages of 30,000 won for each of the above 37,865,752 won for subrogation, 100,000 won x 10,000 won for delay damages of the complaint of this case x 13,000 won for each of the following day of delivery.

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