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(영문) 서울중앙지방법원 2018.06.27 2017가단5116824
구상금
Text

1. The plaintiff, the defendant limited liability companyB, the defendant limited liability company, the defendant limited liability company, the defendant limited liability company and the defendant limited liability company.

Reasons

1. Facts of recognition;

A. On December 15, 2014, Defendant B entered into a purchase agreement with the Korea Agriculture and Food Trade Corporation (hereinafter “Distribution Corporation”) (hereinafter “instant purchase agreement”) and Defendant B jointly and severally guaranteed the liabilities under the said purchase agreement with the Distribution Corporation on the same day.

B. On December 11, 2014, Defendant B concluded a performance guarantee insurance contract with the Plaintiff, setting the insurance amount of KRW 121,860,90, and the insurance period from December 11, 2014 to April 30, 2015.

C. In relation to the above guarantee insurance contract, Defendant B agreed to immediately compensate all incidental obligations, such as the insurance money paid by the Plaintiff and damages for delay based on the rate set by the Plaintiff, ② the expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s claims, security rights, etc. against the Defendant, the guarantor, or the surety, ③ the expenses incurred in the investigation, collection, and disposal of collateral, ④ the expenses to be borne by the Defendant and the guarantor under other laws or agreements.

On March 30, 2017, the Distribution Corporation terminated the purchase agreement entered into with Defendant B on the ground of Defendant B’s non-performance of the contract, and claims the Plaintiff to pay the insurance proceeds therefrom. On May 2, 2017, the Plaintiff paid KRW 120,60,000 to the Distribution Corporation with the insurance proceeds under the instant guarantee insurance contract.

E. The principal obligation that B bears with respect to the Distribution Corporation is KRW 609,304,500,000, and the interest rate for delay under the instant guarantee insurance contract is 6% per annum from the day following the payment of insurance proceeds to the 30th day.

[Ground of recognition] Facts without dispute between the parties, Gap 1-7 evidence, purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the claim against the defendant B, the defendant B paid 120,600,000 won according to the above compensation agreement as stipulated in the guarantee insurance contract of this case and this.

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