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(영문) 수원지방법원 2016.10.26 2016가단20561
구상금
Text

1. The defendant shall pay to the plaintiff KRW 50,024,657 as well as KRW 50,00,000 among them, from April 22, 2016 to the day of full payment.

Reasons

1. Evidence (A to A7);

2. Indication of claim; and

A. The Defendant concluded a guarantee insurance contract with the Plaintiff and the insured Hyundai Lao Bank Co., Ltd., the insurance amount of KRW 50 million, and the insurance period from July 25, 2015 to July 24, 2016, in order to secure the payment of the credit goods price according to a petroleum product supply contract from Hyundai Lao Bank Co., Ltd.

B. The Defendant agreed to calculate the number of delayed days per day by calculating the number of delayed days per day from the day following the date of payment of insurance money to the day of full payment, and then multiplying the rate of interest applied to delay damages publicly announced by the Plaintiff by the number of delayed damages where the Defendant paid insurance money to the Plaintiff in violation of the above agreement.

C. On April 18, 2016, the Defendant filed a claim for insurance proceeds with the Plaintiff by failing to execute the contract. On April 18, 2016, the Plaintiff paid KRW 50,000,000,000 to the Hyundai Lao Bank Co., Ltd.

The maximum overdue interest rate for general loans in commercial banks shall be 6% per annum from April 19, 2016 to April 21, 2016, and 15% per annum from the following day.

E. The fixed delay damages from the date following the payment date of insurance proceeds to April 21, 2016 are KRW 24,657.

3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).

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