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(영문) 서울중앙지방법원 2016.07.21 2015나21331
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On June 22, 2011, the Plaintiff entered into a guarantee insurance contract with the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”), setting the insurance coverage amount of KRW 200,000,000,000,000,000,000 insured employees, and the insurance period from June 4, 2011 to June 3, 2013, with respect to the performance of the obligation to pay for the goods that A bears to be supplied with petroleum products, etc. (hereinafter “Smi commercial”).

B. On the same day, the Defendants jointly and severally guaranteed the indemnity liability that A owes to the Plaintiff under the said guarantee insurance contract.

However, Defendant D, E, F, and G have jointly and severally guaranteed each amount of KRW 260 million within the limit of KRW 60 million.

C. A defaulted on May 4, 2012, and on June 7, 2012, the Plaintiff paid KRW 200 million insurance money to Sammi-American on June 7, 2012.

According to the above insurance contract, when the plaintiff pays insurance proceeds, the policyholder and the guarantor shall pay the insurance proceeds, and shall pay damages for delay calculated by applying the rate determined by the plaintiff (6% per annum from the day following the day of payment of insurance proceeds to 30 days from the day of payment of insurance proceeds, 9% per annum from the day following the day to 60 days, and 15% per annum from the following day) from

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally and severally liable: Provided, That Defendant D, E, F, and G shall not exceed KRW 260 million, each guarantee limit, and 6% per annum, which is the agreed rate from June 8, 2012 to July 7, 2012, which is 30 days following the payment of insurance proceeds, from June 8, 2012, and from July 7, 2012, 30 days following the payment of insurance proceeds; 9% per annum, which is the agreed rate from the next day to September 5, 2012, 60 days after the payment of insurance proceeds; 15% per annum from the next day to May 19, 2014, which is the last delivery date of the complaint of this case; and 20% per annum from the next day to the day of full payment.

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