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(영문) 대구지방법원서부지원 2016.02.16 2014가단7647
구상금
Text

1. The Plaintiff:

A. Defendants A, B, and C are jointly and severally and severally 140,969,320 won and 132,660,117 won among them.

Reasons

Basic Facts

On May 28, 2010, Defendant A entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff’s Intervenor for the period from May 28, 2010 to May 27, 2012, with a view to guaranteeing the payment of damages liability based on the consignment agency contract with the Plaintiff’s Intervenor, and the amount of insurance coverage KRW 150,000,000, and the insurance period from May 28, 2010.

In addition, Defendant B, C, D, and E jointly and severally guaranteed the obligation to be borne by Defendant A in accordance with the instant guarantee insurance contract.

According to the instant guarantee insurance contract, where the Plaintiff pays insurance money, the policyholder and the joint guarantor shall pay the Plaintiff the insurance money paid and the damages for delay in accordance with the interest rate determined by the Plaintiff within the maximum of the overdue interest rate under the Banking Act from the day following the payment of the insurance money to the Plaintiff. The overdue interest rate determined by the Plaintiff is 6% per annum from the day following the payment date to 30% per annum, 9% per annum from the following day to the 60th day, and 15

On June 3, 2010, Defendant A entered into an entrustment agency contract (hereinafter “instant agency contract”) with the Intervenor with respect to wire and wire goods, services, etc., and Defendant D, F, and Nonparty G jointly and severally guaranteed the obligation owed to the Intervenor according to the said agency contract.

According to the instant agency contract, in principle, an agency shall pay the price of the goods in cash at the time of the acquisition of the goods (the main sentence of Article 23(1)), and where an agency neglects its obligation to comply with the procedure for identification and causes financial loss, such as the failure to pay user fees, failure to pay subscription fees, and failure to pay terminal fees, etc., due to fraudulent name theft, the agency shall compensate the participant for the relevant loss amount (Article 34(2)(a)), and the agency shall voluntarily subscribe

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