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(영문) 서울중앙지방법원 2017.08.29 2017가단18574
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 180,808,259 and KRW 133,593,148 among the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Defendant A (hereinafter “Defendant A”) by setting the number of days in arrears by calculating the number of days per day from July 19, 2010 to July 18, 2013 as the number of days in arrears on a daily basis from the day after the date of payment of the insurance money to the day after full payment, and setting the rate determined by the company within the scope of the highest cause in arrears among the overdue interest rates of financial institutions under the Banking Act (hereinafter “instant guarantee insurance contract”).

On the other hand, Defendant B and C guaranteed the above insurance contract.

B. The Defendant Company: (a) obtained permission for emigration arrangement business; (b) caused damage to nonperformance of emigration agreements while running; and (c) the insured claimed insurance proceeds to the Plaintiff; and (d) the Plaintiff paid total of KRW 300 million to the 89 persons who wish to emigrate.

C. The Plaintiff is the principal remaining after repayment of KRW 166,406,852 from the Defendant (i.e., KRW 300,00,000 - KRW 166,406,852). The damages for delay shall be 6% per annum from July 13, 2013 to 30, the following day of the payment date of insurance money, 9% per annum from that next day to 60, and 15% per annum from that next day to December 31, 2015. The damages for delay shall be 47,215,111 won per annum, and the damages for delay thereafter shall be 12% per annum.

[Ground of recognition] For Defendant Company 0: Statement of Evidence Nos. 1 through 5 and the purport of the whole pleadings as to Defendant Company 0

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally set forth the agreement rate of 180,808,259 won (i.e., principal KRW 133,593,148 won, KRW 47,215,11), and the principal amount of KRW 133,593,148 from January 1, 2016 to July 13, 2017, which is the date of final delivery of the copy of the instant complaint, the agreement rate of 12% per annum and the date of full payment from the following day to the date of full payment.

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