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(영문) 대전지방법원 2020.07.16 2019가단18638
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 81,039,470 and KRW 69,38,00 among them, from October 9, 2019 to March 31, 2020.

Reasons

1. Facts of recognition;

A. On July 9, 2008, the Plaintiff entered into an insurance contract for authorization and permission with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content of the guarantee, namely, the insurance coverage amounting to 67,49,000 won, the insurance coverage period from July 4, 2008 to December 30, 2012; and the term “deposit guarantee for restoration expenses due to conversion of mountainous districts”

(hereinafter “instant guarantee insurance contract”). The instant guarantee insurance contract was finally modified on two occasions by the end, with the insurance amount of KRW 69,38,000, and the insurance period of August 31, 2016.

B. According to the instant guarantee insurance contract, in cases where the Defendant Company paid damages within the insurance coverage amount as the Plaintiff did not obtain permission for conversion of mountainous district and perform its duty to restore the damages upon the Defendant Company’s default, the Defendant Company immediately paid the insurance money paid by the Plaintiff, but in cases of delay, paid the insurance money paid by the Plaintiff by adding the damages for delay calculated by multiplying the interest rate applied to the damages for delay as publicly notified by the Plaintiff from the day following the payment date of the insurance money

C. The Network E jointly guaranteed the Defendant Company’s obligation to the Plaintiff due to the instant guarantee insurance contract.

On November 22, 2017, the astronomical City filed a claim against the Plaintiff for insurance money under the instant guarantee insurance contract on the ground that the Defendant Company did not implement the recovery procedure despite the period of permission for conversion of mountainous district expires.

On December 20, 2017, the Plaintiff paid KRW 69,388,00 as insurance money.

E. The interest rate applicable to delay damages publicly announced by the Plaintiff is 6% per annum from December 21, 2017 to January 19, 2018, 9% per annum from January 20, 2018 to March 20, 2018, 12% per annum from March 21, 2018 to June 30, 2018, and 9% per annum from July 1, 2018 to October 8, 2019.

F. The net E died on February 11, 2017.

The heir of the network E had F and G, the spouse of the Defendant, F and G, who were the spouse, but F and G on April 27, 2017.

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