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(영문) 서울중앙지방법원 2019.01.07 2017가단5037426
구상금
Text

1. The Plaintiff within the scope of the property inherited from the network E, Defendant B shall be limited to KRW 17,279,552, Defendant C and D, respectively.

Reasons

1. Facts of recognition;

A. On June 11, 2018, the Plaintiff’s claim was accepted on the conclusion of a performance guarantee contract and joint and several sureties F.

On September 18, 2014, when entering into the instant agency contract with G (hereinafter “Nonindicted Company”) and the consignment agency contract (hereinafter “instant agency contract”), the Defendant provided a surety insurance policy issued by the Plaintiff to guarantee the liability for damages and the obligation for sales proceeds out of goods. On September 18, 2014, the Plaintiff and the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”).

In September 18, 2014, the term of insurance coverage for the subscription to the securities number of the policyholder insured, F non-party company H 150,000,000 won, which is the insurance period, the network E (hereinafter “the network”) on September 17, 2016, jointly and severally guaranteed the debt owed by F under the instant agency contract between F and the non-party company, which is the main contract between F and the non-party company.

B. Around September 13, 2016, if the F would not pay the insurance money to the non-party company, the said company claimed insurance money under the instant guarantee insurance contract to the Plaintiff. The Plaintiff paid KRW 80,637,911 to the non-party company with the insurance money on November 17, 2016.

C. On the other hand, in the guarantee insurance contract of this case, when the plaintiff has paid the insurance money to the insured, the policyholder shall jointly pay the insurance money paid and the damages for delay. The damages for delay was determined to be calculated at the rate determined by the plaintiff within the maximum overdue interest rate among the overdue interest rates of the financial institutions from the day following the payment date of the insurance money to the date

Accordingly, the overdue interest rate determined by the plaintiff is 12% per annum.

The amount of indemnity payable by the Plaintiff to the policyholder under the instant guarantee insurance contract is KRW 82,228,576, including the principal amount, KRW 80,637,91, KRW 1590, and KRW 665 (from November 18, 2016 to February 15, 2017).

. The Deceased.

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