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(영문) 서울중앙지방법원 2016.10.19 2016나14811 (1)
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On February 21, 2014, the Codefendant A agricultural partnership in the first instance trial (hereinafter “instant corporation”) concluded a guarantee insurance contract between the Plaintiff and the Plaintiff to guarantee the payment of goods for credit under an agricultural product credit transaction agreement with the head of the instant corporation (hereinafter “the head of the instant agricultural cooperative”), with the amount of insurance coverage of 50,000,000 won, and the insurance period from February 21, 2014 to February 20, 2015.

(hereinafter “instant insurance contract”). (b)

At the time of the instant insurance contract, when the Plaintiff paid the insured amount due to the occurrence of the insured event, the Plaintiff and the instant corporation agreed to pay the insured amount in addition to the interest rate set by the Plaintiff from the day following the day of the payment of the insurance amount to the day of full payment. The interest rate on arrears therefrom is 6% per annum from the day following the date of the payment of the insurance amount to 30% per annum, 9% per annum from 31 to 90

C. The instant legal entity delayed the payment of goods due to credit supply transaction between February 26, 2014 and June 21, 2014, and the Plaintiff paid KRW 50,000,000 to the Daegu Agricultural Cooperative on February 25, 2015, upon receiving the insurance claim from the Plaintiff, on January 21, 2015.

The principal and interest claim under the instant insurance contract is the sum of KRW 50,00,000 as of April 13, 2015, and the final delay damages of KRW 456,160,160 as of April 13, 2015.

E. A certified copy of the register of the instant legal entity is registered respectively as of August 27, 2014, as of August 28, 2014, as to which Defendant D assumed office as an auditor on August 28, 2014; and as of December 15, 2014, as to Defendant E’s office as a director on December 13, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment

A. On February 25, 2015, the gist of the Plaintiff’s assertion was 50,000 insurance money to the Nonghyup, the insured under the instant insurance contract.

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