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(영문) 춘천지방법원원주지원 2016.04.28 2015가단32492
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,673,078 and KRW 20,448,718 among them, from April 10, 2015 to June 10, 2015.

Reasons

1. Basic facts

A. On April 28, 2010, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a guarantee insurance contract with the Information and Communications Industry Promotion Agency (hereinafter “D”) and entered into three guarantee insurance contracts (payment) with the insured from April 30, 2010 to March 31, 2014 for the payment guarantee of the amount of compulsory repayment pursuant to the said agreement.

B. In relation to the above guarantee insurance agreement, the defendant company and the guarantor agreed to pay the insurance money paid by the plaintiff due to the occurrence of the insurance accident, ① damages for delay in accordance with the plaintiff's complaint against the insurance accident, ② the plaintiff's claims against the defendant company, the guarantor, or the surety, ② the expenses incurred in the preservation, transfer, and exercise of the plaintiff's claims, security rights, etc., ③ the expenses incurred in the investigation, collection, disposal of collateral, ④ the expenses incurred in the investigation, collection, disposal of collateral, ④

C. The Information and Communications Industry Promotion Agency has caused an insurance accident by which the Defendant Company, a policyholder, did not pay the mandatory reimbursement under the “D”. On April 9, 2015, the Plaintiff paid KRW 10,224,359, and KRW 10,224,359, and KRW 10,224,359, and KRW 10,224,359, and KRW 30,673,70, total of KRW 10,224,360 on July 20, 2015.

At the time of the instant guarantee insurance agreement, the Defendant Company agreed to pay the Plaintiff the insurance proceeds when the Plaintiff pays the insurance proceeds due to the occurrence of the insurance accident, plus damages for delay at the interest rate set by the Plaintiff within the maximum of the overdue interest rate set by the Plaintiff among the overdue interest rates of financial institutions under the Banking Act from the following day of the payment date until the day of full payment. The interest rate set by the Plaintiff from January 1, 201 to the day following day of the payment

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