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(영문) 서울중앙지방법원 2018.03.23 2017가단46883
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 802,807,526 and KRW 798,867,90 among them, from April 30, 2017 to October 2017.

Reasons

1. Facts of recognition;

가. 원고는 주식회사 C(이하 ‘소외 회사’라 한다)와 사이에 피보험자를 주식회사 케이티네트웍스(이하 ‘피보험자’라 한다)로 하여 ① 보험가입금액 3,031,710,000원, 보험기간 2012. 8. 1.부터 2017. 3. 31.까지로 정하여, ② 보험가입금액 953,655,000원, 보험기간 2012. 8. 1.부터 2017. 7. 31.까지로 정하여 각 이행보증보험계약(이하 ‘이 사건 각 보험계약’이라 한다)을 체결하였다.

B. At the time, the Defendants jointly and severally guaranteed the obligations of the Plaintiff of the non-party company under each insurance contract of this case.

C. According to each insurance contract of this case, when the plaintiff paid insurance money to the insured, the policyholder and the guarantor shall pay damages for delay to the insured. The agreed delay rate is 6% per annum from the day following the date of payment of insurance money to 30% per annum, and 9% per annum from the following day.

After all, the non-party company did not comply with the agreement with the insured, and on March 30, 2017, the Plaintiff paid KRW 607,707,404 of the insurance money to Bohiona Co., Ltd., a successor to the insured, as well as KRW 191,160,50 of the above insurance contract.

E. As to the sum of the above payment insurance proceeds (=607,707,404 won + 191,160,500 won + damages for delay from the day following the payment date of insurance proceeds to April 29, 2017 are KRW 3,939,622.

[Reasons for Recognition] Each entry in Gap evidence 1 and 2 1 to 5, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendants jointly and severally file lawsuits against the plaintiff totaling KRW 802,807,526 (total principal = principal KRW 798,867,904 + delay damages + KRW 3,939,622) and KRW 798,867,904, the following day of the base date, from April 30, 2017 to October 11, 2017, which is the last delivery date of the copy of the complaint of this case.

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