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(영문) 서울중앙지방법원 2019.06.18 2019가단3408
구상금 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 198,820,424 and KRW 197,844,752 among the Defendants, from November 12, 2018 to February 2019.

Reasons

1. Facts of recognition;

A. On August 31, 2017, Defendant C limited liability company (hereinafter “Defendant Company”) concluded a guarantee insurance contract (payment) with the Plaintiff, the insured amount of which was KRW 248,40,000, and the insurance period was from September 1, 2017 to August 31, 202, in order to secure the construction price for E Co., Ltd and F Co. (hereinafter “E”) (hereinafter “instant insurance contract”).

B. Defendant D, the representative of the Defendant Company, was jointly and severally guaranteed the Defendant Company’s indemnity liability against the Plaintiff under the instant insurance contract.

C. According to the insurance contract of this case, when the defendant company paid the insurance money by causing the insurance accident to the plaintiff, the defendants shall pay the insurance money paid by the plaintiff to the plaintiff and the delayed damages in accordance with the interest rate set by the plaintiff from the day following the day of payment to the day of full payment. The interest rate on the delay damages is 6% per annum from the day following the day of payment to 30% per annum and 9% per annum from

In the event that the Defendant Company did not perform its obligation to pay the construction price to E, the Plaintiff paid KRW 197,844,752 to the G Union that acquired insurance claim from E, etc. on October 12, 2018.

E. As of November 11, 2018, damages for delay incurred until that time shall be KRW 975,672.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant Company is the principal obligor of indemnity liability under the insurance contract of this case, and the Defendant D is jointly and severally and severally a joint guarantor to the Plaintiff 198,820,424 won (i.e., principal amount of KRW 197,844,752 won for delay damages of KRW 975,672) and as sought by the Plaintiff, from November 12, 2018 to February 14, 2019, the date of the final delivery of the copy of the complaint of this case, and from the following day to May 31, 2019.

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