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(영문) 부산지방법원 2020.10.28 2020나42781
구상금
Text

All appeals by the defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On July 21, 2017, the Plaintiff entered into a guarantee insurance contract with Defendant B by setting the insurance coverage period from July 21, 2017 to February 1, 2020 (hereinafter “instant guarantee insurance contract”) to guarantee the insured’s deposit for the restoration of the original state to be paid by the said Defendant following the conversion of the mountainous district, 130,640,000 won, and the insurance period from July 21, 2017 (hereinafter “instant guarantee insurance contract”), and the said Defendant issued the said guarantee insurance contract to the Ha-dong-do, Chungcheongnam-do.

B. The main contents of the Guarantee Insurance Contract are as follows.

In concluding a guarantee insurance contract (a guarantee insurance) with A Co., Ltd. (hereinafter referred to as the "Co., Ltd.") and a guarantee insurance contract with the policyholder, the principal and the joint guarantor (hereinafter referred to as the "sureties") promise to faithfully implement the following provisions:

Article 3 (Compensation for Loss and Bearing of Expenses) (1) When the company fails to perform its obligation or obligation guaranteed by the company (hereinafter referred to as "insurance accident") pays insurance proceeds to the insured, it and the surety shall immediately pay the insurance proceeds to the insured, but if delayed, they shall pay the delayed payment in addition to the damages for delay in the insurance proceeds.

(2) The damages for delay referred to in paragraph (1) shall be calculated by calculating the number of delayed days per day and multiplying the insurance proceeds by the applicable interest rate applicable to the damages for delay publicly announced by the company on a daily basis from the day following the payment date of insurance proceeds to the full payment date

Article 7 (Joint Guarantee) (1) The surety promises to perform jointly and severally all obligations under this Agreement with the principal.

C. On February 26, 2018, Defendant C jointly and severally guaranteed the obligation of indemnity under the instant guarantee insurance contract that Defendant C owes to the Plaintiff between the Plaintiff and the Plaintiff.

On August 27, 2019, the Plaintiff paid 130,640,000 won of insurance money on August 27, 2019.

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