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1. As to KRW 100,014,926 and KRW 56,120,00 among the Plaintiff, the Defendant shall start from December 8, 2012 to January 6, 2013.
Reasons
1. Facts of recognition;
A. The Defendant entered into a guarantee insurance contract as of October 25, 2010 (i) the Defendant on October 4, 2010, and the Samsung cooling System Co., Ltd. (hereinafter referred to as “Trheating fever”) (hereinafter referred to as “Trheating fever”).
(2) On October 25, 2010, the Defendant concluded a performance guarantee insurance contract with the Plaintiff and the insured Samsung fever, the purchase amount of insurance, KRW 72,256,800, and the insurance period from October 4, 2010 to March 31, 2013 (hereinafter “first guarantee insurance contract”).
3) On July 11, 201, the Defendant received the guaranty insurance policy regarding the first guaranty insurance contract from the Plaintiff, and submitted it to Samsung Refrat. B) On July 11, 201, the Defendant concluded an agency contract with Samsung Electronic Co., Ltd. (hereinafter “Tsung Electronic”) with the Defendant.
2) In order to guarantee the payment of the contract bond under the above contract on the same day, the Defendant may carry out a performance guarantee insurance contract with the Plaintiff and the insured Samsung Electronic, the purchase amount of insurance KRW 50,000,000, and the insurance period from July 11, 201 to July 10, 2013 (hereinafter “instant guarantee insurance contract”).
(3) The Defendant received a guaranty insurance policy for the second guaranty insurance contract from the Plaintiff and submitted it to Samsung Electronic.
B. Insurance accidents and the Plaintiff’s payment of insurance proceeds were 1) The Defendant waived construction under the above system due to the suspension of current account transaction. Samsung C&W demanded the Plaintiff to pay insurance proceeds on November 13, 2012, and the Plaintiff paid KRW 56,120,000 to Samsung C&M on December 7, 2012. (2) The Defendant did not pay KRW 43,052,744 for goods to Samsung E&M.
Accordingly, Samsung Industries requested the Plaintiff to pay insurance money on November 12, 2012, and the Plaintiff paid KRW 43,894,926 to Samsung Industries on December 12, 2012.
C. The Plaintiff, the Defendant, and the Defendant, entering into the guarantee insurance contract with the Plaintiff, the rate of delay interest, and the Defendant.