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(영문) 서울중앙지방법원 2020.01.06 2019가단21239
구상금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 186,290,058 and KRW 185,375,876 from April 20, 2019 to June 20, 2019.

Reasons

On July 2014, the Plaintiff entered into a guarantee insurance contract with the Korea Employment Agency for Disabled Persons (hereinafter referred to as the “Defendant Company”) and the Defendant Company (hereinafter referred to as the “Defendant Company”) with respect to the agreement on the operation of the standard workplace for disabled persons concluded with the Korea Employment Agency for Disabled Persons, concluded a guarantee insurance contract with the Korea Employment Agency for Disabled Persons (hereinafter referred to as KRW 300 million, and from July 1, 2014 to December 31, 2022, the term of the insurance contract was jointly and severally guaranteed the obligations of the Defendant D and E under the above contract. Meanwhile, in the event the Plaintiff paid insurance money under the above contract, the Defendant Company agreed to pay damages for delay at the rate of delay damages set by the Plaintiff 31 days after the payment date of the insurance money. The Defendant Company did not cause the “returns and interest arrears following the cancellation of the standard workplace for disabled Persons,” the Plaintiff did not have any dispute over the amount of damages for delay from the Korea Employment Agency for Disabled Persons (hereinafter referred to as the “Korea Employment Agency for Disabled Persons”).

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the principal amounting to KRW 186,290,058 (i.e., the principal amounting to KRW 185,375,876, 914,182) and the principal amounting to KRW 185,375,876 from April 20, 2019 to June 22, 2019, which is the day following the date of final delivery of the copy of the complaint of this case, the agreed interest rate of KRW 9% per annum from April 20, 2019 to June 22, 2019, and the damages for delay calculated by 12% per annum from the next day to the day of full payment.

Therefore, the plaintiff's claim against the defendants is justified and it is ordered to accept all of them.

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