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(영문) 서울중앙지방법원 2021.03.26 2019가단47071
구상금 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 78,389,629 and KRW 78,004,948, and the Defendant from September 8, 2019.

Reasons

1. Basic facts

A. On May 15, 2015, Defendant C Co., Ltd (hereinafter “Defendant C”) entered into an agreement with the head of Korea Content Promotion Agency (hereinafter “Promotion Agency”) on the support payment of KRW 90,000,000,000,000 for the broadcast content managed by Defendant Co., Ltd. as the main institution (hereinafter “Promotion Agency”) and agreed to designate the main institution as Defendant D, the representative director of the Defendant Co., Ltd, at the time of the conclusion of the agreement to pay the broadcast content in two installments (hereinafter “instant support agreement”).

B. On May 15, 2015, the Plaintiff entered into a guarantee insurance contract (payment) with the content of the insured as “payment guarantee” (hereinafter “instant insurance contract”) between the Defendant Company and the Korea Content Promotion Agency; the insurance amount of KRW 90,000,000; the insurance period from May 15, 2015 to November 30, 2016; and entered into the said insurance contract with the content of the guarantee as “payment guarantee for return of the said subsidy”; and signed on the said electronic contract in accordance with the official certificate.

(c)

Defendant D, on May 12, 2015, concluded a joint and several guarantee contract (hereinafter “joint and several guarantee contract of this case”) with the Plaintiff and signed electronically on May 12, 2015, and delivered “written consent for the conclusion, implementation, etc. of the insurance contract” (Evidence No. 9), and on May 14, 2015, written consent for the examination of the insurance contract (Evidence No. 10) with the electronic signature by a certified certificate, and signed the said insurance contract with the Plaintiff on May 15, 2015.

(d)

In the event that the Plaintiff and the Defendant Company, “the Defendant Company,” did not perform the obligation under the instant aid agreement, and the Plaintiff paid the insurance money, the Defendant Company shall immediately compensate for it, but if delayed, the number of days shall be calculated on a daily basis from the day following the date of payment of the insurance money to the date of full payment, based on the interest rate

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