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(영문) 서울중앙지방법원 2018.05.03 2017가단5212258
구상금
Text

1. The Defendant’s KRW 49,966,570 and KRW 49,00,000 among the Plaintiff’s KRW 12% per annum from April 22, 2016 to October 13, 2017.

Reasons

1. Basic facts

A. On February 16, 2009, the Defendant agreed with the Plaintiff to enter into a credit policy with the parent-base C&C on the following conditions: (a) interest rate of KRW 550 million from the Industrial Bank of Korea; and (b) the due date of repayment on February 16, 2012; (c) extended the due date on or around February 16, 2014; and (d) agreed with the Plaintiff to enter into a credit policy with the parent-base C&C.

The above insurance contract is a guarantee insurance with the content that the plaintiff who is an insurance company pays insurance proceeds to the creditor if the debtor who has entered into an agreement on collateral loan with a financial institution fails to perform his/her obligations.

B. In accordance with the above agreement, the Defendant entered into a contract with the employees of the Industrial Bank of Korea representing the Plaintiff for the insurance coverage amounting to KRW 49 million, and the insurance period from February 15, 2014 to February 14, 2015, for the term of “Morrididiit” with the employees of the Industrial Bank of Korea representing the Plaintiff.

C. However, from November 15, 2014, the Defendant delayed payment of the principal and interest of the above borrowed amount, and the Plaintiff paid KRW 49 million on January 22, 2016 at the request of the said bank.

Meanwhile, in the above insurance contract, the Defendant immediately paid the insurance money to the Plaintiff when the Plaintiff paid the insurance money to the said bank, but if delayed, it agreed to pay the amount of 6% per annum from the following day to 30 days, 9% per annum from the following day to 60 days, and 12% per annum from the following day to the next day. Accordingly, the damages for delay amounting to 966,570 won by April 21, 2016 were incurred.

【In the absence of a dispute over the grounds for recognition, Gap evidence Nos. 1 and 4 [the defendant shall have signed the evidence No. 2 (Additional Agreement) with the Industrial Bank of Korea employees' coercion, but the above defense shall not be accepted as there is no evidence to acknowledge it], and the purport of the whole argument

2. The allegations and judgment of the parties

A. According to the above facts of determination as to the cause of the claim, the defendant shall be the plaintiff.

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