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(영문) 대전지방법원 2016.07.21 2015가단218812
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 58,33,31 won and the period from July 22, 2015 to September 23, 2015.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “A”) entered into an agreement with the Plaintiff’s Intervenor A (hereinafter “Meart Life Insurance Co., Ltd.”) on support of operational expenses (seven months) with the Plaintiff, and entered into a guarantee insurance contract with the Plaintiff to guarantee the guarantee of the repayment of operating expenses pursuant to the said agreement.

B. The contract owner of the said guaranteed insurance contract is the above A, and the insured is the Mart Life Insurance, the insurance amount of KRW 200 million, the insurance period from February 1, 2012 to January 31, 2015, and the defendant B, the defendant C, and the defendant D jointly and severally guaranteed the above plaintiff's obligation to pay indemnity under the said guaranteed insurance contract.

C. The grounds upon which Defendant A and the Plaintiff’s Intervenor’s Intervenor were obliged to return GA’s operating expenses to the M&C life insurance, and Defendant A and the Plaintiff’s Intervenor agreed that the M&C life insurance was KRW 300 million, and Defendant A agreed that the payment was made in installments.

However, Defendant A returned only KRW 183,33,338. D.

Accordingly, on June 5, 2015, the Plaintiff’s Intervenor claimed insurance payment to the Plaintiff based on the instant GA operating expense support agreement (seven months).

On July 21, 2015, the Plaintiff paid KRW 58,333,331 to the Plaintiff’s Intervenor’s M&C life insurance.

E. Under the foregoing guarantee insurance contract, the interest rate for delay was set according to the interest rate set by the Plaintiff within the maximum of the interest rate for delay in general loans in commercial banks. The interest rate for delay determined by the Plaintiff is 6% per annum

[Ground of recognition] The plaintiff and defendant A are deemed as confessions, there is no dispute between the plaintiff and the other defendants, the entries in Gap evidence 1 through 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally paid to the Plaintiff KRW 58,33,331 on behalf of the Plaintiff, and a copy of the instant complaint from July 22, 2015, which is the day following the subrogated payment.

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