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(영문) 서울중앙지방법원 2018.08.31 2018가단5118889
구상금
Text

1. The Defendant’s KRW 58,207,345 as well as the Plaintiff’s KRW 6% per annum from April 14, 2018 to May 13, 2018, and the following.

Reasons

1. Facts of recognition;

A. On December 14, 2015, the Plaintiff and the Defendant concluded a franchise business guarantee insurance contract with the content of the guarantee as a compensation payment guarantee pursuant to a franchise agreement, from December 14, 2015 to December 26, 2020, with the Korea Development Bank of Korea: the purchase amount of insurance KRW 90,000,000; and the insurance period from December 14, 2015.

B. When the above guarantee insurance contract was concluded, if the Plaintiff was to pay the insurance proceeds to the insured immediately due to nonperformance of the Defendant’s principal contract, the Defendant shall pay the insurance proceeds to the Plaintiff, but if delayed, the interest rate for delay applied by the Plaintiff shall be 6% per annum from the day following the insurance payment date to 30% per annum, 9% per annum from the following day to the day of full payment, and 12% per annum from the following day to the day of full payment.

C. However, on May 20, 2017, the Plaintiff paid the insured amount of KRW 58,207,345 to the insured on April 13, 2018 due to the Defendant’s failure to perform the prime contract.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4

2. Thus, the defendant is obligated to pay to the plaintiff 58,207,345 won as above and the damages for delay at the rate of 6% per annum from April 14, 2018 to May 13, 2018, 9% per annum from the next day to July 12, 2018, and 12% per annum from the next day to the day of full payment. Thus, the plaintiff's claim of this case is justified.

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