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Reasons
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(영문) 수원지방법원 2017.05.31 2016가단39169
구상금
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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 286,686,915 and KRW 286,357,409 among them, from August 13, 2016.

Reasons

1. Evidence (A1-1 through 10, A2-1 through 7);

2. Indication of claim; and

A. 1) In order to guarantee the payment of the purchase price of credit goods to Defendant A and the insured agricultural company, the Plaintiff entered into a performance guarantee insurance contract with the period from January 25, 2016 to January 24, 2017. The Defendant A agreed to calculate the amount of compensation immediately after the Plaintiff’s insurance payment to one year and 365 days from the date following the date of payment of the insurance money to the date of full payment, by multiplying the interest rate applicable to the delay damages publicly notified by the Plaintiff. 2) The Defendant A claimed insurance money by the insured, and the Plaintiff paid KRW 132,542,200 to the insured on August 5, 2016.

3) The Defendant-A shall not pay KRW 132,694,714 in total, including the fixed delay damages of KRW 152,514, from the day following the date of payment of insurance proceeds to August 12, 2016. (b) The Plaintiff entered into an insurance guarantee contract with the Defendant-A-A-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-D-B-B-C-B-B-C-B-B-B-B-D-

Defendant A agreed to pay the compensation immediately after the payment of the Plaintiff's insurance proceeds, but if delayed, it shall be one year and 365 days from the day following the date of payment of insurance proceeds until the date of full payment, and shall be calculated by multiplying the number of delayed days by the interest rate applied to delay damages publicly announced by

2) Defendant A filed a claim for insurance proceeds due to the failure to pay the price for the goods, and the Plaintiff paid KRW 153,815,209 to the insured on August 5, 2016. 3) Defendant A did not pay the total amount of KRW 153,815,209 insurance proceeds, and KRW 176,992, including the fixed delay damages by August 12, 2016, and KRW 153,992,201.

C. Defendant B shall be liable to the effect that each of the above insurance contracts is assessed against Defendant B.

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