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(영문) 서울중앙지방법원 2015.07.08 2014가합48144
구상금
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 500,00,000 and the same shall be jointly and severally applied to the Plaintiff.

Reasons

1. Basic facts

A. (1) On February 25, 2014, the Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

As between the Defendant Company and the Company, the case (hereinafter “Nonindicted Company”) is called the Defendant Company.

(2) A broadcast sales license agreement entered into with Hyundai Home shopping monopoly (hereinafter referred to as the “instant prime contract”).

(2) In relation to the advance payment received pursuant to the foregoing, the Defendant Company, the insured company, the non-party company, the amount of the insurance coverage amounting to KRW 500 million, the advance payment payment guarantee under the instant main contract, and the performance guarantee insurance contract stipulated from February 24, 2014 to June 19, 2014 (hereinafter “instant performance guarantee insurance contract”) with respect to the obligation to return advance payments that the Defendant Company will bear to the non-party company (hereinafter “instant performance guarantee insurance contract”).

(2) Around February 27, 2014, Defendant B and C concluded a surety insurance policy and issued the surety insurance policy, and Defendant B and C jointly guaranteed the performance of the obligation owed by the Defendant Company to the Plaintiff under the said surety insurance contract. (2) Around February 27, 2014, the Non-Party Company paid advance payment KRW 500 million to the Defendant Company based on the said surety insurance contract.

B. Around June 27, 2014, Defendant Company did not perform the obligation to supply goods under the instant prime contract and the obligation to return advance payments therefrom. On July 31, 2014, the Plaintiff paid KRW 500,000 of the insurance money under the instant guarantee insurance contract to Nonparty Company.

On the other hand, the interest rate on the indemnity under the guarantee insurance contract of this case is 6% per annum until the 30th day from the day following the payment date of insurance money, 9% per annum from the next day to the 90th day, and 15% per annum from the next day to the day of full payment.

[Reasons for Recognition] 1) Defendant Company, D: Evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply)

(2) Each entry, the purport of the whole pleadings, and the purport of the whole pleadings, Defendant B, C: Article 150(1) of the Civil Procedure Act (Confession)

2. According to the facts acknowledged prior to the determination of the claims against Defendant Company B, B, and C, the Defendant Company, B, and C shall be subject to the judgment.

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