(영문) 서울중앙지방법원 2015.12.23 2015가단105054

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(영문) 서울중앙지방법원 2015.12.23 2015가단105054

구상금

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1. The Defendants jointly and severally pay to the Plaintiff KRW 112,631,781 as well as KRW 103,086,60 as well as KRW 103,00,00.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract on guarantee insurance (sale price) with the Defendant Company (hereinafter “Nonindicted Company”) by setting the insurance period as between October 2, 2013 and January 31, 2015, with respect to the payment of goods on credit to be paid by the Nonparty Company from ELE under a product sales basic contract between February 1, 2012 and January 31, 2015.

B. On October 8, 2013, the Defendants jointly and severally guaranteed the indemnity obligation owed by the non-party company to the Plaintiff according to the above contract, and Defendant B and C jointly and severally guaranteed each amount of up to KRW 100 million. The agreed overdue interest rate under the above contract was from January 24, 2015 to the same year.

2. To the end of 22.2, 6% per annum, 9% per annum from the following day to April 23, 2015, and 15% per annum from the following day.

C. As the non-party company delayed the payment of the price for the goods to ELE, the ELE sought payment of KRW 160 million insurance proceeds to the Plaintiff. On January 23, 2015, the Plaintiff paid KRW 160 million insurance proceeds to ELE.

Until September 4, 2015, the principal amount of the indemnity payable by the non-party company and the Defendants to the Plaintiff is KRW 103,086,600, and damages for delay is KRW 9,545,181, plus the principal and interest of KRW 112,631,781.

[Reasons for Recognition] Each entry of Gap 2-7 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally pay to the Plaintiff the total amount of KRW 112,631,781 and the principal amount of KRW 103,086,60,000, interest rate of KRW 15% per annum from September 5, 2015 to the date of full payment, and Defendant B and C are liable to pay each guarantee limit of KRW 100,000,000.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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