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(영문) 서울중앙지방법원 2018.10.02 2018가단5147788
구상금
Text

1. As to KRW 53,63,492 and KRW 46,796,665 among them, the Defendant shall pay to the Plaintiff the year from December 2, 2017 to June 8, 2018.

Reasons

1. Facts of recognition;

A. On September 24, 2015, the Plaintiff concluded a guarantee insurance contract with the Defendant for livelihood stabilization fund (insurance amount: KRW 55,000,000, and insurance period from September 25, 2015 to September 24, 2016) in order to guarantee the obligation for repayment of loans under a contract for the stabilization of livelihood with the insured worker’s vehicle, vehicle, or mining center, the Saemaul Bank, and the Korea Development Bank.

B. The Defendant agreed to pay the insurance proceeds in addition to the damages for delay as determined by the Plaintiff, if the Plaintiff pays the insurance proceeds by failing to perform the principal contract while entering into the said insurance contract.

C. However, on August 29, 2016, the Plaintiff paid KRW 51,208,590 to the insured on August 29, 2016, and the Plaintiff returned KRW 4,411,925 out of the paid insurance money, and the details of the remaining insurance money, etc. as of December 1, 2017 are as follows.

The fact that there is no dispute over the total delay interest rate of 46,796,65 won, 6,836,827 won, 53,633,492 won per annum 12% per annum 46,796,665 won, 827 won, 63,492

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 53,633,492 won totaling the principal and interest of the remaining insurance proceeds as of December 1, 2017 and the remaining principal amount of 46,796,65 won, 12% per annum (the agreed interest rate) from December 2, 2017 to June 8, 2018 (the service date of the original payment order of this case) and 15% per annum from the following day to the day of full payment (the delivery date of the original payment order of this case).

3. Conclusion, the plaintiff's claim is justified and acceptable.

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