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(영문) 부산지방법원 2016.06.09 2015가단237102
구상금
Text

1. The Defendant’s KRW 70 million to the Plaintiff and the Plaintiff’s 9% per annum from September 26, 2014 to the date of this judgment.

Reasons

1. Basic facts

A. On December 19, 2013, the Plaintiff’s Intervenor entered into a guarantee insurance contract (payment) with the insured status company Fuumil Co., Ltd. (hereinafter “Pumil”), the insurance amount of KRW 10 million, and the insurance period from December 18, 2013 to December 17, 2014. The Plaintiff’s Intervenor entered into the performance guarantee insurance contract (hereinafter “instant insurance contract”) with the content that the insurance amount is changed to KRW 70 million on January 8, 2014.

B. Pharmon July 23, 2014, Pharmon claimed the Plaintiff’s Intervenor to pay the performance bond on the ground that the Plaintiff did not perform the contract. On August 26, 2014, the Plaintiff’s Intervenor paid KRW 70 million insurance money in accordance with the insurance contract of this case to Pharmon.

C. According to Article 3 of the instant insurance contract, when the Plaintiff’s Intervenor paid the insurance money due to the occurrence of an insured incident, A is obliged to pay to the Plaintiff’s Intervenor damages for delay at the rate determined by the Plaintiff’s Intervenor within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act from the following day of the payment of the insurance money and the insurance money to the date of the payment of the insurance money (6% per annum from the date following the payment date to the 30th day after the payment date, 9% per annum from the next day to the 90th day after the payment date,

On June 11, 2014, A entered into a sales contract with the Defendant on the real estate listed in the separate sheet (hereinafter “the instant loan”) with the purchase price of KRW 4.90 million (hereinafter “the instant sales contract”). On June 12, 201, B entered into the ownership transfer registration (hereinafter “the instant transfer registration”) with the Seoul Eastern District Court No. 24394, Gangwon District Court’s receipt of the registration office for the instant loan on June 12, 201.

E. At the time of the conclusion of the instant sales contract, the registration of the establishment of the mortgage-backed loan amounting to KRW 459,60,000, Korea C&C Co., Ltd., the debtor, and the maximum debt amount.

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