logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.08.10 2016가단4928
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., Defendant 2 and 3 Co., Ltd., Defendant C, and Defendant D are jointly and severally liable for 1,102,165.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”).

The term "non-party Hyundai Oil Selling Co., Ltd." is only called "non-party Hyundai Oil Selling Co., Ltd."

In order to guarantee the payment of the sales price of goods out of the market by concluding an agency contract between B and B, the performance guarantee insurance policy for the sales price of goods was issued by the Plaintiff and issued to the non-party company.

B. On November 14, 1997, Defendant A entered into a performance guarantee insurance contract with the non-party company as the insured between the Plaintiff and the non-party company; the insurance amount of KRW 300,000,000, and the insurance period from November 14, 1997 to November 13, 1998; and the contents of the guarantee as the payment guarantee for the non-party company for the non-party company's sales of goods; hereinafter "the guarantee insurance contract of this case").

Defendant 2, Defendant 3, and Defendant 2, and Defendant 3 B, respectively.

The joint and several liability of Defendant A for the reimbursement of indemnity against the Plaintiff by G, H, I, F, Defendant C, and D, etc.

C. According to the instant guarantee insurance contract, if the Plaintiff did not pay the goods on credit from the non-party company according to the agency contract concluded by the Defendant A with the non-party company within the insurance coverage amount, the Plaintiff paid the damages to the non-party company within the scope of the insurance coverage amount. The Plaintiff agreed to pay the insurance money subrogated to the Defendant A Co., Ltd. and each of the joint and several sureties, the overdue interest rate of 14% per annum for the period exceeding 30 days, and the delay interest rate of 30 days by adding the delay interest rate set by the Plaintiff within the maximum interest rate among the general loan interest rate in commercial banks.

The non-party company claimed insurance money based on the above guaranty insurance policy against the plaintiff who did not pay the goods supplied to the defendant A on credit. On March 6, 1998, the plaintiff claimed 300,000,000 won against the non-party company.

arrow