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(영문) 서울중앙지방법원 2014.03.26 2013가단5070456
구상금
Text

1. Defendant A, B, C, D, F, G, and H are jointly and severally liable to the Plaintiff for KRW 100 million and the Plaintiff as from May 16, 2013 to May 2013.

Reasons

1. Facts of recognition;

A. On March 13, 2012, Defendant A (hereinafter “A”) concluded a performance guarantee insurance contract with the Plaintiff and Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) from December 16, 2011 to December 15, 2013 (hereinafter “instant performance guarantee insurance contract”) in order to secure the repayment obligation of fees under the life insurance agency contract with the Plaintiff and Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) for the insured.

B. Around the time of the conclusion of the above surety insurance contract, Defendant A’s joint and several surety agreement (hereinafter “instant agreement”) with respect to all obligations to be borne by the Plaintiff based on the above surety insurance contract has a certified digital signature of Defendant B, C, D, E, F, G, and H.

(Joint and Several sureties between the plaintiff and the above defendants are referred to as the "joint and several sureties of this case".

On March 23, 2013, when Defendant A did not fulfill his obligation to return fees, Korea filed a claim for insurance proceeds under the instant guarantee insurance contract with the Plaintiff, and the Plaintiff paid KRW 100 million with the insurance proceeds on May 15, 2013.

The overdue interest rate of the instant guaranteed insurance contract is 6% per annum from the following day to the 30th day of the payment of insurance proceeds, 9% per annum from the following day to the 90th day, and 15% per annum from the following day to the day of full payment.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A 1 to 4, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 10 million won and the damages for delay calculated at the rate of 6% per annum under the agreement from May 16, 2013 to June 15, 2013, which the Plaintiff seeks as the date of payment of insurance money, 9% per annum under the agreement from the next day to October 9, 2013, which is the date of final delivery of the copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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