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(영문) 대구지방법원 2020.01.16 2019가합203099
구상금
Text

1. Defendant B, C, and D jointly and severally for the Plaintiff KRW 260,054,222 and KRW 50,000,000 among them.

Reasons

1. Determination as to the claim against Defendant B, C, and D

A. Claim No. 2-

A. (2) A claim for indemnity equivalent to the insurance money paid to the insured under a guarantee insurance contract concluded with Defendant B (hereinafter “Defendant B”) as shown in the table of paragraph (2), and a claim for the joint and several surety debt of Defendant C and D for this claim

(b) Request against Defendant B of applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act) (Article 208 (3) of the Civil Procedure Act): Judgment by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

C. Pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and Article 2(2) of the Addenda of the same Act, the part demanding payment of damages for delay calculated at the rate exceeding 12% per annum from June 1, 2019 among the Plaintiff’s claims is dismissed.

2. Determination as to the claim against Defendant E

A. The facts of recognition (1) The Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) between Defendant B and Defendant B with the content of guaranteeing the payment of the credit amount for the insured (as indicated in the table in paragraph (2) below) or each of the damages under the credit amount for Defendant B’s insured (as listed in the table in paragraph (2) below) (hereinafter “instant guarantee insurance contract”). Defendant D, the representative director of Defendant B, guaranteed the obligation of Defendant B to the Plaintiff under each of the above guarantee insurance contracts.

(2) As Defendant B failed to pay the price for the goods to the insured, the insured claimed for the insurance proceeds respectively to the Plaintiff, and pursuant to the instant guarantee insurance contract, the Plaintiff paid KRW 260,054,222 to the insured total sum of the insurance proceeds as indicated below.

No. 50,000,000 won on November 5, 2018, when the insured was paid the insurance amount as of the date of concluding the contract for the insured (G).

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