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(영문) 대전지방법원 2014.12.23 2014가단13027
구상금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 580,647,859.

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

3...

Reasons

1. Basic facts

A. In concluding a loan agreement for technology development funds with the Korea Technology Finance Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a performance guarantee insurance agreement with the Plaintiff to provide the Plaintiff’s guarantee insurance policy to Nonparty Co., Ltd. in order to guarantee the payment of technology development funds under the contract:

(hereinafter “instant guarantee insurance contract”). The content of the insurance coverage period guarantee for the insured insured by the policyholder, the defendant company’s non-party company’s payment guarantee amount of KRW 1,032,00,000 on November 23, 1995 - November 22, 1998

B. In the instant guarantee insurance contract, if the Defendant Company fails to perform an agreement with the non-party company and the Plaintiff pays the insurance proceeds, the Defendant Company immediately compensates the Plaintiff for the insurance proceeds, and if delayed, the Defendant Company agreed to calculate the number of delayed days per day to 365 days from the day following the date of payment of the insurance proceeds and to compensate the Plaintiff by adding damages for delay in accordance

C. Defendant A, B, and Chungcheong Urban Gas Co., Ltd. jointly and severally guaranteed the entire obligation to be borne by the Defendant Company, the policyholder, due to the instant guarantee insurance contract.

As the Defendant Company did not perform its obligation under a loan agreement for technology development funds with the Nonparty Company, the Nonparty Company claimed insurance proceeds to the Plaintiff. On June 24, 1999, the Plaintiff paid KRW 1,032,000,000 to the Nonparty Company.

E. The Plaintiff’s remaining claims against the Defendants remain in KRW 580,647,859, with payment of KRW 1,207,466,640 from June 25, 199 to October 2, 2006 and with payment of KRW 626,818,781, out of KRW 1,207,46,640 from June 25, 199 to October 2, 2006.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings

2. Determination.

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