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(영문) 서울중앙지방법원 2019.12.12 2019가합549291
구상금
Text

1. The Plaintiff:

A. The Defendants shall jointly and severally pay KRW 2,673,601,00 and all of them from September 27, 2019.

Reasons

Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a performance guarantee insurance contract with the Plaintiff on February 22, 2018 between the Plaintiff and the insured HH association, the content of the guarantee, the payment guarantee of the amount of credit goods, the guarantee period from February 21, 2018 to February 20, 2019, with the amount of KRW 50 million, and on the same day, the Defendant C Co., Ltd (hereinafter “Defendant C”), D (hereinafter “Defendant D”), E, EF, and G were jointly and severally liable for the payment of credit goods payment to be borne by the Plaintiff in accordance with the insurance contract.

H A. On January 18, 2019, the Plaintiff claimed insurance proceeds under the above insurance contract on the ground that Defendant B’s ability to repay was insufficient. On March 28, 2019, the Plaintiff paid KRW 46,734,917 as insurance proceeds to the H Association.

According to Article 3 of the above insurance contract agreement, where the plaintiff pays insurance money to the insured, the interest rate for delay applicable to the indemnity obligation owed by the principal debtor and the joint guarantor to the plaintiff is 6% per annum from the day following the payment date of insurance money to the 30th day from the following day,

The Plaintiff filed an application against Defendant E, F, and G for a payment order of KRW 46,734,917, which the Plaintiff paid to H association, and the payment order was issued on May 10, 2019 by Seoul Central District Court 2019 tea 250340.

[Ground of recognition] Defendant C, D: without any dispute, entry in Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the entire argument as to the purport of judgment as to whether the whole pleadings were held as a party to the above insurance contract (Article 150(3) main text of the Civil Procedure Act). Defendant C and D are joint and several suretys of Defendant B, and they are jointly and severally liable for reimbursement to the Plaintiff.

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