logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.05.17 2016가단216585
구상금 등
Text

1. Defendant B, C, and D jointly and severally with the Plaintiff KRW 62,985,166 as well as the aforementioned amount from June 17, 2016 to July 2016.

Reasons

1. Under the facts of recognition, each of the following facts shall be deemed to have been led by the Defendants pursuant to Article 150(3) and (1) of the Civil Procedure Act among the Plaintiff, Defendant Company B (hereinafter “Defendant Company”), C, and D, and it may be acknowledged by taking into account the overall purport of the pleadings as a whole, either the dispute between the Plaintiff, Defendant E, F, and G does not exist between the parties, or the overall purport of the pleadings Nos. 1 through 3, and 5 (including the serial number, hereinafter the same).

On or around May 30, 2014, the Plaintiff entered into a performance guarantee insurance contract between the Defendant Company and the insured to guarantee the payment of the cost of credit goods under a petroleum product supply contract between the Defendant Company and the insured by determining the insurance amount of KRW 100,000,000 as the insurance amount, and the insurance period from May 30, 2014 to May 29, 2016, and Defendant C and D have jointly and severally guaranteed the obligation under a guarantee insurance contract against the Plaintiff by the Defendant Company.

(hereinafter “instant guarantee insurance contract”). B.

On June 15, 2016, the Plaintiff received a claim from H for the payment of insurance money under the instant guarantee insurance contract on the ground that the petroleum products supply contract was extinguished due to nonperformance by the Defendant Company, and paid KRW 62,485,915 insurance money to H Co., Ltd. on June 15, 2016.

C. At the time of concluding the instant guarantee insurance contract, Defendant Company, C, and D agreed to compensate the Plaintiff for the insurance money that the Plaintiff paid to the insured at the time of concluding the instant guarantee insurance contract by adding the delay interest rate set by the Plaintiff within the maximum overdue interest rate among the general loan interest rates in commercial banks. The overdue interest rate applicable thereto is 6% per annum from the following day to the 30th day from the following day of the payment date of the insurance money, 9% per annum from the 31th day from the 90th day to the 90th day from the 90th

On the other hand, on February 4, 2016, Defendant C traded 1/2 of the real estate listed in the separate sheet No. 1 list to Defendant E in KRW 64,00,000 (hereinafter “instant First Sales Contract”), and February 4, 2016.

arrow