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(영문) 대구지방법원서부지원 2017.11.15 2015가단15003
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 244,712,320 won and 200,000,000 won among them.

Reasons

1. Basic facts

가. 원고는 2013. 6. 4. 피고 A과 사이에, 피보험자를 SK네트웍스 주식회사, 보험금액을 2억원, 보험기간을 2013. 6. 5.부터 2014. 6. 4.까지로 정하여 상품판매대금 지급보증보험계약(이하 ‘이 사건 보증보험계약’이라 한다)을 체결하였다.

B. At the time of the conclusion of the instant guarantee insurance contract, where Defendant A failed to pay the insured amount to the insured, and the Plaintiff paid the insurance amount to the insured immediately, Defendant A agreed to pay the insurance amount in addition to the interest rate in arrears applied by the Plaintiff from the day following the date of the payment of the insurance amount to the day of the full payment. The overdue interest rate under the said guarantee insurance contract is 6% per annum from the day following the date of the payment of the insurance amount to the day of the full payment, 9% per annum from the next day to the 60th day from the day after the

C. As the children of Defendant A, Defendant C and Defendant C, the wife of Defendant C, jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff pursuant to the instant guarantee insurance contract. Defendant C and E, the wife of Defendant C, jointly and severally guaranteed all the obligations owed by Defendant C to the Plaintiff within the limit of 100 million won, respectively. Defendant C and E directly visited the Plaintiff’s branch on June 4, 2013, which is the date of the conclusion of the said guarantee insurance contract, and written their personal information, etc. on the joint and several surety contract and the certificate of partial joint and several guarantee amount.

After the conclusion of the instant guarantee insurance contract, the Plaintiff paid 200 million won to the insured on November 13, 2013 upon the insured’s request by the insured, but Defendant B, C, and E, a joint and several surety with Defendant A, did not pay to the Plaintiff.

E. As to the insurance money stated in the above Paragraph D above paid by the Plaintiff, this case.

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