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(영문) 서울중앙지방법원 2020.02.11 2018가단5940
구상금청구의 소
Text

1. Defendant B and D are jointly and severally and severally liable to the Plaintiff for KRW 50 million and the same from December 9, 2017 to January 7, 2018.

Reasons

1. The Plaintiff’s judgment on the claim against Defendant B and D (hereinafter “Defendant B”) and the grounds for the claim indicated in the separate sheet against Defendant B and D (excluding the part regarding Defendant C) can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the statement in the evidence Nos. 1 and 6.

Therefore, the aforementioned Defendants are jointly and severally liable to pay to the Plaintiff KRW 50 million as the principal obligor and the joint guarantor under the guarantee insurance contract and the amount of damages for delay calculated by 12% per annum from December 9, 2017 to January 7, 2018 after the Plaintiff’s payment date of insurance money, 9% per annum from the following day to March 8, 2018, 12% per annum from the next day to March 10, 2018, and from the next day to the last day to March 10, 2018, pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., to the next day to May 31, 2019, and from the next day to the day of full payment.

The plaintiff's claim against the above defendants is justified and accepted.

2. In determining the claim against Defendant C, the Plaintiff asserts that Defendant C (hereinafter “Defendant C”) was jointly and severally liable to pay the above money when concluding the guarantee insurance contract with the Plaintiff and Defendant B, and that Defendant C also was jointly and severally liable to pay the said money with Defendant C, and that Defendant C jointly and severally guaranteed such money as the lawful agent of Defendant C.

According to the evidence No. 4 and evidence No. 7-1 and No. 2, the joint guarantor column of the guarantee insurance agreement prepared as of June 28, 2017, which was executed as of June 28, 2017 at the time of the conclusion of the said guarantee insurance contract, the name of Defendant C’s corporate seal affixed to Defendant C, and the name of “Mandatary D” is stated. On the same day, the power of attorney stating the purport of Defendant C’s delegation of all authority to Defendant C regarding the said guarantee insurance contract has been prepared, and it can be recognized that Defendant C’s corporate seal affixed to it.

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