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(영문) 서울고등법원 2016.05.27 2015나2034350
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

Basic Facts

A Co., Ltd. (hereinafter referred to as “A”) entered into a guarantee insurance trading agreement with the Plaintiff on September 7, 2007 under the joint and several guarantee of K Co., Ltd. (hereinafter referred to as “K”).

(1) A policyholder: The insurer of K (3) is the joint and several surety of the policyholder: the maximum trading amount of the Plaintiff (4): the maximum trading amount of KRW 3 billion: the insurance period of the guarantee insurance contract by case from September 10, 2007 to September 9, 2008: the insurance period of the guarantee insurance contract by case: from January 1, 2007 to December 31, 2016, the guarantee limit by K is equal to the maximum trading amount, and the insurer promises to perform all obligations under the guarantee insurance contract arising under the instant limited trading agreement jointly and severally with A.

(8) When a peril insured against against against the Plaintiff’s guarantee is not fulfilled, A and K shall reimburse the insurance proceeds immediately, but if delayed, they shall compensate for the delayed amount by adding damages for delay to the insurance proceeds.

Damages for delay shall be calculated by the rate determined by the plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act by calculating the number of delayed days per day on a daily basis from the day after the date of payment of insurance money to the day after the full payment of insurance money.

A entered into the instant prime contract (hereinafter “instant prime contract”) in the same list as the insured described in the “insured” column of the “Terms of the instant Guarantee Insurance Contract” (hereinafter “instant insured”).

The content of the Guarantee Insurance Contract of this case (hereinafter referred to as the "Stock Company") is the insurance period of Schlage's insurance contract for the type of guarantee contract of this case, the insurance period of the principal contract of this case, and Schlage's insurance amount of KRW 150,000,000,000 from January 1, 2008 to December 31, 2008, 2000, which is 50,105,000 won from May 26, 2008 to May 25, 2010.

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