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(영문) 부산지방법원 2014.08.27 2013가합10324
구상금 등
Text

1. Defendant A Co., Ltd, B, C, and D are jointly and severally and severally liable to the Plaintiff for KRW 170,674,835 and its related amount from October 18, 2013 to October 18, 2013.

Reasons

1. Basic facts

A. (1) On January 17, 201, the Plaintiff entered into the instant guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “A”) with a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) that guarantees the payment of goods payment liability to the said Defendant’s ELE Co., Ltd. (hereinafter “ELE”) as follows.

The insurance coverage amount: The insurance coverage amount of KRW 200,000: From February 1, 2011 to January 31, 2012: Guarantee content: Article 3 (Compensation for Loss and Bearing Expenses) of the purchase price guarantee for the goods: (1) When the defendant A pays the insurance proceeds to the plaintiff due to his/her failure to perform his/her obligations or performance guaranteed by the plaintiff (hereinafter referred to as "insurance accident"), the defendant A and the guarantor shall reimburse the insurance proceeds for the payment of the insurance proceeds, but if delayed, he/she shall reimburse it by adding damages for delay to the insurance proceeds.

(2) The damages for delay referred to in paragraph (1) shall be calculated by calculating the number of delayed days per day from the day following the payment date of insurance money to the full payment date, and by the rate determined by the plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act.

Article 7 (Right to Demand Reimbursement) (1) Where a defendant A falls under any of the following subparagraphs, the plaintiff may exercise the right to demand reimbursement against the above defendant and the guarantor even before paying the insurance proceeds:

Article 11 (Joint Guarantee) (1) When the Plaintiff receives a claim for insurance money from ELB or receives a preliminary notice of insurance accident, the surety confirms all the provisions of this Agreement which the Defendant A agreed with the Plaintiff, and promises to fulfill all the obligations of the Guarantee Insurance Contract arising under this Agreement jointly and severally with the said Defendant.

(2) On the same day, Defendant B, C, and D’s debt owed to the Plaintiff under the instant guarantee insurance contract is not more than joint and several sureties.

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