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(영문) 대구지방법원 2019.03.15 2018가단135888
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 50,000,00 and 6% per annum from September 14, 2018 to October 13, 2018.

Reasons

1. The plaintiff's assertion

1. Conclusion of guarantee insurance agreements, etc.;

A. On November 22, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a guarantee insurance contract between the Plaintiff and the insured Co., Ltd. (hereinafter “D”), the insurance amount of KRW 50,000,000, and the insurance period from November 22, 2017 to November 21, 2018, with the payment guarantee for credit content goods (sale proceeds), and offered the guarantee insurance policy issued by the Plaintiff to the insured.

B. In the event that the Defendant Company did not perform its obligation under the main contract with D and thus the Plaintiff paid the insurance proceeds to D, the Defendant Company entered into an agreement with D to pay the insurance proceeds paid by the Plaintiff and the damages for delay in accordance with the overdue interest rate set by the Plaintiff within the maximum of the overdue interest rate from the day following the date of payment of the insurance proceeds

(The rate of overdue interest determined by the plaintiff shall be 6% per annum from the day following the date of payment of insurance money to 30 days, 9% per annum from the following day to the 60th day, and 15% per annum from the following day

C. Defendant C was admitted as a joint guarantor of the above guaranteed insurance contract.

Since then, as the Defendant Company did not perform its obligations under the principal contract, D demanded the Plaintiff to pay the insurance money. Accordingly, the Plaintiff paid KRW 50,000,000 to D on September 13, 2018.

2. At the time of the conclusion of the above guaranty insurance agreement, the Defendant Company agreed to the effect that “I, in addition to the competent court as provided by the Act, agree to the effect that I will have the court having jurisdiction over the seat of the Daegu Branch of the Company as the competent court in respect of the lawsuit concerning the transaction under this agreement,” and the competent court of the lawsuit in this case is the Daegu District Court.

3. If so, the Defendants are jointly and severally liable to pay KRW 50,000,00 to the Plaintiff and the following day after the payment date of the above insurance money.

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