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(영문) 서울중앙지방법원 2016.08.18 2015가단127344
구상금
Text

1. As to KRW 101,972,602 and KRW 100,00 among them, the Defendant shall annually pay to the Plaintiff the amount of KRW 100,000 from November 28, 2014 to August 4, 2015.

Reasons

1. Basic facts

A. The Defendant was commissioned as an insurance solicitor of the Plaintiff’s Intervenor on September 5, 2005.

B. On January 1, 2009, the Plaintiff entered into a guarantee insurance contract (payment) with the content below, which is the insurance amount of 30,000,000, with the insured as the Intervenor joining the Plaintiff as the Plaintiff’s Intervenor.

After that, the plaintiff and the defendant changed the insurance amount to KRW 100,000,000.

(hereinafter “this case’s guarantee insurance contract”). - The insurance period: from January 1, 2009 to June 30, 2010; - The details of guarantee: Insurance company fee refund guarantee - When the Defendant paid the insurance proceeds to the Plaintiff due to failure of the Defendant to perform his/her obligations or obligations in connection with the commission contract between the Defendant and the Plaintiff’s Intervenor (hereinafter “insurance accident”), the Defendant shall immediately reimburse the payment of the insurance proceeds, but if delayed, it shall be reimbursed by adding damages for delay to the payment insurance proceeds.

The above delay damages shall be calculated by calculating the number of delayed days on a daily basis from the day after the payment date of insurance money to the day after the full payment date of 365, based on the rate determined by the plaintiff within the maximum of the overdue interest rate of financial institutions under the Banking Act (6% per annum for 30 days from the day after the payment date, 9% per annum for 60 days from the day after the payment date, and 15% per annum after the expiration of 60 days).

C. On January 28, 2011, the Plaintiff’s Intervenor claimed insurance proceeds against the Plaintiff on the ground that the insured event occurred.

On August 29, 2014, the Plaintiff paid KRW 100,000 to the Intervenor joining the Plaintiff. D.

As of November 28, 2014, the Defendant delayed the payment of KRW 101,972,602 ( principal 100,000,000 delay damages) with indemnities based on the instant guarantee insurance contract as of November 28, 201.

[Ground of recognition] Facts without dispute, Gap 1 through 10, 12 through 17, 19, 20 evidence (including each number), the appraiser Eul's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant.

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