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(영문) 춘천지방법원속초지원 2016.11.15 2016가단1337
구상금
Text

1. The Defendant’s KRW 1,768,895,320 up to the limit of KRW 2,268,315,40, and KRW 1,577,167,29 among the Plaintiff and the Plaintiff’s KRW 1,57,167,29.

Reasons

1. Facts of recognition;

A. On May 30, 2005, the Plaintiff was the Defendant of the original litigation, but the decision of recommending reconciliation was finalized prior to the closing of argument.

B From May 30, 2005 to April 30, 2008 (the extension to April 30, 2014) concluded a guarantee insurance contract with the effect that, in the event that B fails to perform its duty to deposit mountainous district recovery expenses to bothyang-gun in connection with the collection of earth and rocks on three parcels, both Yang-gun C and the same were to guarantee the damage the Yang-gun will incur within the insurance coverage period from May 30, 2005 to April 30, 2014 (the extension to April 30, 2015) (hereinafter “instant guarantee insurance contract”).

B. According to the guaranty insurance contract of this case, where B, the policyholder, and the guarantor, pay the insurance money if the Plaintiff is due to the occurrence of an insured event not performing the principal contract between Yangyang-gun and the insured, the policyholder and the guarantor shall immediately reimburse the insurance money to be paid, and where the payment is delayed, the damages for delay shall be paid with the payment from the day following the payment date of the insurance money to the day of full payment (Article 3(1)). The damages for delay shall be at the interest rate determined by the Plaintiff within the highest overdue interest rate out of the overdue interest rate from the day following the payment date of the insurance money to the day of the payment date of the insurance money (Article 3(3)). The policyholder and the guarantor shall be liable to reimburse the expenses incurred in exercising the right to compensation for delay, expenses incurred in investigating and collecting the collateral, expenses incurred in collecting the collateral

C. Since then, the guaranteed insurance contract of this case was modified several times as shown in the attached Table.

In the case of a corporation, the "stock company" is omitted, and the date of change of the contract is not clear.

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