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(영문) 수원지방법원 2015.07.02 2014가단71244
구상금
Text

1. The Plaintiff:

A. Defendant A, Defendant B, and Defendant C are jointly and severally liable for KRW 55,700,000 and KRW 50,000,000.

Reasons

1. Basic facts

A. On August 1, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a performance guarantee insurance contract (hereinafter “the instant guarantee contract”) with the Plaintiff and the Plaintiff on August 1, 2007, stating that “In order to guarantee the payment of the business bonds necessary to conclude an intermediate wholesaler transaction agreement with respect to the so-called Labor and Labor Co., Ltd. (hereinafter “Labor and Labor”), the insurance amount of KRW 50,000,000, and the insurance period from August 1, 2007 to July 31, 2010,” and the Plaintiff issued the insurance policy in accordance with the said contract.

B. If the Plaintiff paid insurance money to the insured in accordance with the instant guarantee agreement, the Defendant Company may recover the insurance money paid and the damages for delay from the next day to the day of full payment, and Defendant B and Defendant C jointly and severally guaranteed the liability for reimbursement that the Defendant Company owes to the Plaintiff.

C. On September 1, 2007, the Defendant Company entered into a trade agreement with the labor-related fishery and intermediate wholesalers (hereinafter “instant trade agreement”), and Defendant C and Defendant D jointly and severally guaranteed the Defendant Company’s obligation to pay for the labor-related fishery pursuant to the instant trade agreement.

On April 26, 2010, the Defendant Company filed a claim with the Plaintiff to pay insurance money on April 26, 2010, when an insured event that the Defendant Company could not pay fish price for the labor-management fisheries. On May 26, 2010, the Plaintiff paid KRW 50,000,000 insurance money under the instant insurance contract to the labor-management fisheries.

E. Meanwhile, the interest rate on delay under the instant guarantee agreement agreed to be the rate determined by the Plaintiff within the maximum interest rate on delay among the interest rates on loans by financial institutions under the Banking Act. From May 27, 2010 to December 31, 2010, 19% per annum from January 1, 201 to December 31, 201, and 15% per annum.

The damages for delay until December 31, 2010 calculated according to the above rate of damages for delay are 5,700,000 won.

[Grounds for Recognition] The facts without dispute, entry of Gap 1 through 9, and arguments.

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