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(영문) 서울중앙지방법원 2018.06.07 2018가단5057410
구상금
Text

1. As to the Plaintiff’s KRW 38,662,94 and KRW 34,728,834 from December 30, 2017 to February 21, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee insurance contract with B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as listed below. The Defendant, the representative director of the Nonparty Co., Ltd., jointly and severally guaranteed the obligations of the Plaintiff of the Nonparty Co., Ltd. based on each of the above insurance contracts.

Division 1 Insurance Date of the 2 insurance contract on April 22, 2016, April 2016, 2016: (a) Securities Number CD Insurance Co., Ltd. (hereinafter referred to as “Korea Co., Ltd.”) (hereinafter referred to as “Korea Co., Ltd.”) Guarantee Insurance Co., Ltd. (hereinafter referred to as “Korea Co., Ltd.”) for the portion of insurance coverage for the payment guarantee for credit goods payment guarantee amount of KRW 1 million,000,000 insurance period from May 1, 2016 to April 31, 2016 to October 31, 2017 (compensation and bearing of expenses) ① When the Plaintiff pays insurance proceeds to the insured due to the non-party Co., Ltd.’s failure to perform its obligations or obligations guaranteed by the Plaintiff, the non-party Co., Ltd. and the guarantor shall be promptly repaid the insurance proceeds, but where delayed payment is made, delay damages shall be paid in addition to the insurance proceeds.

(2) The above delayed payment damages shall be calculated by calculating the number of delayed days per day on a daily basis from the day after the day after the payment date of insurance proceeds to the day after the full payment is made, and then multiplying the delayed payment damages the plaintiff announces by the applicable interest rate.

B. Each of the above insurance contracts is defined as follows:

C. After the commencement of rehabilitation procedures on November 23, 2016 for the non-party company, the decision was made on December 7, 2016 for the non-party company, and the third party company filed a claim for insurance proceeds on December 14, 2016 for each of the plaintiff on December 14, 2016. Accordingly, the plaintiff paid KRW 30,000,000 to the third party company on December 23, 2016 and appropriated the principal for the return of KRW 480,000 after returning KRW 5,293,530 to the third party company on January 5, 2017, and then returned KRW 84,696 to the principal.

On December 29, 2017, the details of claims for reimbursement against the non-party company are as follows.

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