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(영문) 수원지방법원 2016.04.21 2015가단24634
구상금
Text

1. Of the instant lawsuit, the part of the claim filed by Defendant C against the attorney-at-law in bankruptcy, which is the taking over of the lawsuit by Defendant C, is dismissed

2...

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff concluded a guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant A”), with the content of the guarantee (hereinafter “Defendant A”), with the term “contract bond under the supply contract,” “insured Jin Electricity Co., Ltd.,” “50,712,734 won,” the insurance amount “from December 20, 2013 to December 30, 2015” (hereinafter “instant guarantee insurance contract”), and the term of the insurance contract stipulated “from December 20, 2013 to December 30, 2015” (hereinafter “instant guarantee insurance contract”), and the term “foreign commodity price guarantee” on July 30, 2013, the insured “Inam Franc,” the insurance amount, “150,000,000 won,” and the insurance period “from August 2, 2013 to August 1, 2014” (hereinafter “instant guarantee insurance contract”).

B. The contract of performance guarantee insurance under each guarantee insurance contract of this case states that when the plaintiff pays the insurance proceeds to the insured due to the occurrence of an insured event, the defendant A shall immediately repay the amount of indemnity equivalent to the above insurance proceeds to the plaintiff, but if delayed, the payment insurance proceeds shall be deemed one year and 365 days from the day following the payment date of the insurance proceeds to the day after the full payment date, and the damages for delay calculated by multiplying the number of delayed days by the interest rate applied

(Article 4). (c)

At the time of concluding each guarantee insurance contract of this case, Defendant B jointly and severally guaranteed the obligation of Defendant A under the said guarantee insurance contract, and C jointly and severally guaranteed the obligation of Defendant A under the said guarantee insurance contract at the time of concluding the said guarantee insurance contract.

Then, on December 19, 2014, the Plaintiff paid KRW 50,712,734 of the insurance proceeds of the first guarantee insurance contract of this case, and KRW 150,000,000 of the insurance proceeds of the second guarantee insurance contract of this case on December 30, 2014, upon Defendant A’s nonperformance of contract.

E. The interest rate on delay damages publicly notified by the Plaintiff shall be 6% per annum from the following day to 30% per annum, 9% per annum from the following day to 90%.

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