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(영문) 서울중앙지방법원 2015.02.06 2014나49974
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On June 23, 2008, Oriona Co., Ltd. (hereinafter “ Orioniona”) entered into an agreement on the limitation of guarantee insurance (hereinafter “the instant limit transaction agreement”) with the Plaintiff on the joint and several guarantee of B Co., Ltd. (hereinafter “B”) on the following terms and conditions:

Insurance policyholder: The maximum trading amount of the Plaintiff: The maximum trading amount of KRW 3,00,000,000: the insurance period of the guarantee insurance contract for each case from June 23, 2008 to June 22, 2009: the maximum trading amount from January 1, 2007 to December 31, 2016, which is the maximum trading amount of all guarantee insurance contracts (including the modified insurance contract) entered into by Orioneneia with the Plaintiff during the trading period, for which the determination of the occurrence of an insurance accident has not been made definite by the Plaintiff, except for the guarantee insurance contracts (including the modified insurance contract) for which the liability has been terminated by the Plaintiff.

The term "credit transaction period" means the period in which a guarantee insurance contract may be concluded, and the term of "guarantee insurance" means the scope in which a guarantee insurance contract can be concluded for each case during the limit transaction period.

Original Limera shall not inflict damage on the plaintiff by faithfully performing its obligations or obligations guaranteed by the plaintiff in accordance with the guarantee insurance contract concluded with the plaintiff.

B The guarantee limit amount is the same as the maximum transaction amount, and it is promised that all the obligations under the Guarantee Insurance Contract arising under the instant credit transaction agreement will be fulfilled jointly with the original Dozian.

When an insured incident occurs in which Oral Cenna does not perform any obligation or obligation guaranteed by the Plaintiff and the Plaintiff has paid the insurance proceeds, Oral Cenna and B shall promptly compensate for the insurance proceeds, but shall compensate for the delayed payment by adding damages for delay to the insurance proceeds.

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