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(영문) 서울중앙지방법원 2015.01.29 2014가합538463
구상금
Text

1. Defendant A, B, C, D, E, and F are jointly and severally liable to the Plaintiff for 441,924,980 won and the same from July 7, 2012.

Reasons

The following facts may be acknowledged based on the overall purport of each entry and pleading between the Plaintiff, the Defendant Company A (hereinafter referred to as the “Defendant Company”), the Defendant D, E, and G (including each number, if any; hereinafter the same shall apply) and the entire purport of each entry and pleading, and between the Plaintiff and the Defendant B, C, E, and F pursuant to Article 150 of the Civil Procedure Act, the Defendants are deemed to have led to confession.

On December 6, 2010, the Defendant Company concluded a performance guarantee insurance contract between the Plaintiff and the insured with the amount of insurance coverage of 445,244,080 won and the insurance period from December 7, 2010 to July 6, 201.

In order to extend the payment deadline of development charges by June 7, 2012, the Defendant Company entered into a contract for the change of the performance guarantee insurance (payment) from December 7, 2010 to July 7, 2012, changing the insurance period from June 9, 2011 to the insurance amount of the above performance guarantee insurance contract as KRW 471,959,000.

In addition to the original performance (payment) guarantee insurance contract and the modified contract, Defendant B, C, D, E, and F jointly and severally guaranteed all of the Defendant Company’s obligations under the instant guarantee insurance contract at the time of the said modified contract.

Meanwhile, at the time of the instant guarantee insurance agreement, the Defendant Company agreed to pay the Plaintiff the insurance proceeds and damages for delay calculated by adding the Plaintiff’s overdue interest rate from the day following the date of payment to the day of full payment. The overdue interest rate determined by the Plaintiff is 6% per annum from the day following the date of payment of the insurance proceeds to 30% per annum, 9% per annum from the next day to the day of full payment, and 15% per annum from the next day to the day of full payment.

After June 7, 2012, the defendant company did not pay the development charges to the head of Jincheon-gu by June 7, 2012, and the plaintiff is the head of Jincheon-gu.

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