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(영문) 대전지방법원 2018.07.12 2015가단40996
구상금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 354,798,220 and the amount among them

(a) As regards KRW 260,500,000, November 13, 2015

Reasons

1. Basic facts

A. On March 18, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the total area of 50,620.54 square meters of the building 1 and 2 stories in Suwon-si, Suwon-si, Suwon-si, by setting the annual rent of KRW 1,042,00,000,000 and the lease period of KRW 5 years (hereinafter “instant lease agreement”).

B. On March 2014, the Plaintiff entered into a performance guarantee contract with Defendant C (hereinafter “Defendant C”) for the guarantee of the payment of unpaid amount, such as late payment fees, delinquent management expenses, rents, damages, etc. under the instant lease agreement, with the joint and several guarantee of the Defendant C Co., Ltd. (hereinafter “Defendant C”) and the insured as the non-party foundation, the insurance amount of KRW 521,000,000, and the insurance period from March 18, 2014 to March 17, 2019. The provisions for delay are as follows:

(hereinafter “instant performance guarantee contract.” Defendant B’s failure to perform the obligation under the instant lease agreement, thereby making a substitute payment to the insured within the scope of the purchase amount of insurance, the payment insurance money shall be immediately repaid, and where the payment of the payment of the insurance money paid by subrogation is delayed, it shall be deemed as one year and 365 from the day following the payment date of the payment of the insurance money to the date of full payment, and shall pay damages for delay in accordance with the interest rate publicly announced by the Plaintiff by calculating

C. As Defendant B did not pay the rent and late payment charge of the instant lease agreement, the non-party Foundation filed a claim with the Plaintiff for insurance proceeds pursuant to the instant performance guarantee contract, and the Plaintiff paid the non-party Foundation KRW 260,50,000 on September 25, 2015, and KRW 91,857,380 on January 31, 2018, respectively, under the name of rent and late payment charge under the instant lease agreement.

As of November 12, 2015, the sum of the amount of subrogation paid by Defendant B to the Plaintiff under the instant performance guarantee contract and the damages for delay thereon is KRW 262,940,840 (i.e., KRW 260,50,000 for delay damages of KRW 2,440,840). The Plaintiff’s payment after November 12, 2015.

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