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(영문) 부산지방법원 2015.10.07 2015가단36941
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 75,972,821 and KRW 75,600,000 among them.

Reasons

1. Determination as to the cause of claim

A. On or around December 28, 2011, the Plaintiff is a Defendant A Co., Ltd. (hereinafter “Defendant Company”) that runs environment-related technology service business, etc.

(2) The term “instant guarantee insurance contract” (hereinafter referred to as “instant guarantee insurance contract”) as follows:

(2) At the time, Defendant B and Defendant C, the representative director of the Defendant Company, at the time, jointly and severally guaranteed the Defendant Company’s debt under each guarantee insurance contract of each of the above joint and several liability (hereinafter “instant joint and several liability”), and the ceiling on the guarantee of the instant joint and several liability is KRW 72,280,000.

A) The Korea Environmental Industry and Technology Institute Insurance Policy (Korea Environmental Industry and Technology Institute)’s insurance coverage amounting to KRW 75,600,000,000, from December 28, 201 to December 30, 2012, the Korea Environmental Industry and Technology Institute (hereinafter “Korea Environmental Industry and Technology Institute”) guaranteed payment guarantee 2). Meanwhile, the instant guaranteed insurance contract and joint and several guarantee contract were concluded by linking the Plaintiff’s website with the Plaintiff’s digital signature of authorized certificates.

3) After the occurrence of an accident of guarantee due to the unpaid payment of royalties by Defendant Company, the Plaintiff paid KRW 75,600,000 insurance money to the Korea Environmental Industry and Technology Institute on January 5, 2015. According to the instant guarantee insurance contract, where the Plaintiff paid the insurance money to the insured, the Plaintiff shall pay the insurance money for payment at the rate determined by the Plaintiff within the maximum of the overdue interest rate among the general loan interest rates of financial institutions under the Banking Act. Accordingly, the overdue interest rate determined by the Plaintiff from January 1, 201 to February 4, 2015 is 15 per annum, and the damages for delay incurred until February 4, 2015 for the said insurance money are KRW 372,821.

【Defendant Co., Ltd., B: Judicial confession (the above Defendants appeared on the first date for pleading, and led to the confession of all the facts alleged by the Plaintiff): Defendant C; there is no dispute over part of the facts; Defendant A No. 1-5, and Party A.

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