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(영문) 대구지방법원 2017.06.23 2016가단120707
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 288,648,91 as well as 6% per annum from August 5, 2016 to January 7, 2017.

Reasons

1. Basic facts

A. On June 14, 2013, Defendant A entered into a contract for the safety patrol service of the Korea Highway Corporation (hereinafter only referred to as the “C branch office patrol service contract”) with the Korea Highway Corporation, and Defendant B entered into a joint and several guarantee contract with the Korea Highway Corporation for the obligation to be borne by Defendant A under a main contract.

B. On November 18, 2010, Defendant A entered into a guarantee insurance contract with the Plaintiff and the insured on November 18, 2010 (hereinafter “the instant guarantee insurance contract”) with the Korea Highway Corporation, the insurance amount of KRW 371,164,00, and the insurance period from November 19, 2010 to November 30, 2016 (hereinafter “the instant guarantee insurance contract”).

After all, on July 2, 2013, Defendant A changed the insurance period from November 19, 2010 to September 30, 2016, with the Plaintiff’s insurance coverage amount of 288,648,991.

B. The Defendant A agreed to pay the insurance money paid by the Plaintiff to the insured as a result of the Plaintiff’s failure to perform the obligation under the main contract with the insured and the damages for delay in accordance with the overdue interest rate set by the Plaintiff within the maximum of the overdue interest rate from the day following the date of the payment of the insurance money to the date of the payment of the insurance money (the overdue interest rate set by the Plaintiff is 6% per annum from the date following the date of the payment of the insurance money to 30 days from the date following the date of the payment of the insurance money, 9% per annum from

(2) The insured claimed insurance money against the Plaintiff as the Defendant A did not perform the main contract, and the Plaintiff paid KRW 288,648,91 to the insured on August 4, 2016.

[Reasons for Recognition] Facts without dispute and entry in Gap evidence 1, 2, and 3 (including provisional numbers; hereinafter the same shall apply)

2. The assertion;

A. The Plaintiff’s assertion (1) The Defendant A paid insurance money to the Korea Highway pursuant to the instant guarantee insurance contract, KRW 288,648,91, and a copy of the instant complaint from August 5, 2016, following the payment date of insurance money.

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