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(영문) 서울중앙지방법원 2018.06.26 2018가단5039443
구상금
Text

1. The Defendant’s KRW 30,358,243 as well as the Plaintiff’s KRW 6% per annum from December 13, 2017 to January 11, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a guarantee insurance contract with the following content, which guarantees the performance of the obligation to return sales incentives under the main contract between the Defendant and ice-based corporation:

1) Securities number: B) Insured : insurance amount covered by ice 3: 40,000,000 won: January 11, 2016 to September 30, 2018.

The Defendant agreed to immediately pay the insurance money to the Plaintiff when the Plaintiff pays the insurance money to the insured as a result of the occurrence of an insured event that fails to fulfill the obligation to return the sales incentive under the main contract with the insured.

The rate of damages for delay determined by the Plaintiff shall be 6% per annum from the date following the date of payment of insurance proceeds to the 30th day, 9% per annum from the following day to the 60th day, and 12% per annum from the following day

C. An insured incident occurred that the Defendant did not perform the obligation to return sales incentives under the main contract with ice, Inc., and the Plaintiff paid KRW 30,358,243 as insurance proceeds to ice, Inc. on December 12, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 30,358,243 won of the insurance proceeds to be paid and damages for delay calculated at each agreed interest rate of 12% per annum from December 13, 2017 to January 11, 2018, the following day of the payment as stipulated in the guarantee insurance contract for performance (payment). The defendant is obligated to pay to the plaintiff 6% per annum from January 13, 2017 to March 12, 2018, and from the next day to the date of full payment.

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

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