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(영문) 대구지방법원 2015.04.22 2014가단49552
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 60,798,890 as well as KRW 60,000 among them, from October 7, 2014 to November 11, 2014.

Reasons

1. Guarantee of the insurance amount of the insured workers as of the date of the basic fact-finding No. 1335, Oct. 18, 2013; guarantee of the insurance amount of the insured workers (source) insurance contract; guarantee of the payment of goods price for credit on November 9, 2013 from November 9, 2013 to November 8, 2014; guarantee of the payment of the credit price to the Bank of Korea on October 18, 2013; guarantee of the payment of the credit price for credit goods.

A. The Plaintiff entered into each guarantee insurance contract (hereinafter “each of the instant guarantee insurance contracts”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”).

The contents of each guarantee insurance contract of this case, where the defendant company, the policyholder, fails to perform an agreement with the insured and the plaintiff pays the insurance proceeds to the insured, the defendant company shall immediately pay the insurance proceeds, and where delay is delayed, the delay damages shall be paid in addition thereto.

B. According to each guarantee insurance contract of this case, damages for delay is calculated on the basis of the interest rate applied by the Plaintiff within the maximum overdue interest rate applied by financial institutions under the Banking Act from the day following the payment date of insurance money to the day of full payment.

The interest rate on delay applied by the Plaintiff shall be 6% per annum from the day following the date of payment of insurance money until 30 days, and 9% per annum from the following day to the date of

C. At that time, Defendant B guaranteed the Defendant Company’s debt under each guarantee insurance contract of this case against the Plaintiff.

After that, the Defendant Company did not perform its obligations against the insured and thus the insured claimed insurance proceeds to the Plaintiff. On July 18, 2014, the Plaintiff paid KRW 30 million based on the surety insurance contract No. 1, and KRW 30 million based on the surety insurance contract No. 2, 2014, Aug. 19, 2014, respectively.

The sum of damages for delay from the day following the payment of each of the above insurance proceeds to October 6, 2014 is KRW 798,890.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

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