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(영문) 서울중앙지방법원 2018.11.15 2018가단5074521
구상금
Text

1. The Defendant’s KRW 208,460,00 for the Plaintiff and 6% per annum from January 17, 2018 to February 15, 2018.

Reasons

1. Facts of recognition;

A. On November 9, 2015, the Korea Agriculture and Food Trade Corporation (hereinafter “Nonindicted Company”) agreed with the Korea Agriculture and Food Trade Corporation (the agency in charge: the cyber exchange; hereinafter “the entity in charge”) to purchase Kim Jong-sik, purchased from the Defendant (hereinafter “instant purchase agreement”), and the Defendant jointly and severally guaranteed the non-party company’s obligations pursuant to the above agreement.

B. On the same day, the Non-Party Corporation entered into a sales contract with the Defendant to supply Kim Jong-ok to the Non-Party Corporation, and the Non-Party Company jointly and severally guaranteed the Defendant’s obligation under the above contract.

Quantity, total amount paid: 148,900, 729610,000 won contract period: From November 9, 2015 to January 27, 2016, the non-party company purchases the estimated trading quantity under the purchase agreement in this case and pays the total amount collected to the non-party corporation.

C. In order to guarantee the implementation of the above sales contract, the Defendant concluded a performance guarantee insurance contract with the Plaintiff on the same day as follows.

The insured: The insurance amount covered by the non-party Corporation: the insurance period of KRW 28460,000: From November 9, 2015 to January 27, 2016: The name of the prime contract: The insurance contract for the contract for the purchase of the insurance from November 9, 2015 to January 27, 2016, where the insured event occurred due to the non-performance of the prime contract against the insured by the defendant, the defendant shall immediately pay the insured amount to the insured, but at the time of default, the defendant shall pay the insured amount to the plaintiff by adding damages for delay calculated by multiplying the insurance amount of the plaintiff by the number of delayed days per day from the day following the date of payment of the insurance amount to the day of full payment, by the damages for delay publicly notified by the plaintiff on a daily basis. The rate of damages for delay publicly announced by the plaintiff shall be 60

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