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(영문) 서울중앙지방법원 2017.10.26 2016가단32573
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 21,078,490 and KRW 20,670,740 among them, from February 16, 2016 to August 4, 2016.

Reasons

1. Claim against Defendant A corporation

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant B

A. The facts of recognition (1) Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded an urban gas supply contract with the Plaintiff to guarantee the payment of gas user fees, etc. (hereinafter “instant insurance contract”) and entered into the following performance guarantee insurance contract (hereinafter “instant insurance contract”) with the Plaintiff.

A (2) At the time of the conclusion of the instant insurance contract (electronic document), Defendant B entered as joint and several sureties at the time of the conclusion of the said insurance contract, and the joint and several sureties agreement (electronic document) confirmed all information, main contract terms, and essential description of the joint and several sureties agreement at the beginning of February 15, 2015, the electronic signature was made by means of a certified method through the Defendant B’s authorized certificate.

(3) The Plaintiff paid KRW 20,670,740 of the insurance money on November 17, 2015 to the insured, upon the Defendant Company’s failure to pay the gas user fee to the Plaintiff, the Plaintiff claimed insurance money to the Plaintiff.

(4) According to Article 3 of the instant insurance contract, when the Plaintiff paid insurance money to the insured, the policyholder and the guarantor shall pay damages for delay to the insured, and the damages for delay shall be calculated by multiplying the insurance money to be paid by the interest rate applicable to delay damages publicly notified by the Plaintiff, counting from the day following the payment date of the insurance money to the day of full payment. The interest rate applicable thereto shall be 6% per annum from the day following the payment date of the insurance money to 30% per annum, 9% per annum from the next day to the 60th day from the payment date of the insurance money, and 12% per annum from the next day to the day of full payment, and 407,750 won per annum from the next day to February 15, 2016.

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