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(영문) 서울중앙지방법원 2015.01.21 2014가합28928
구상금 등
Text

1. Defendant A and B jointly and severally file a claim with the Plaintiff KRW 130,000,000, and the claim therefor, from April 18, 2014 to May 17, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a guarantee insurance contract on around 2013, the Plaintiff Company A (hereinafter “Defendant A”).

B) As to the Defendant’s performance of obligations, the Guarantee Insurance Limit Agreement (hereinafter “Limit Agreement”) stipulating the maximum trading amount of one billion won and the cover period of a guarantee insurance contract by case from January 1, 2013 to December 31, 2018, with respect to “tenders, contracts, defects, advance payments, payments, and sales of goods,” etc., between the Plaintiff and the Defendant A’s performance of obligations (hereinafter “Limit Agreement”).

(2) In the event that the insured event occurred and the Plaintiff paid the insurance proceeds to the insured, Defendant A agreed to pay the Plaintiff the insurance proceeds and the damages for delay calculated at the interest rate publicly notified by the Plaintiff from the day following the day of the payment of the insurance proceeds to the day of full payment. On the same day, Defendant B guaranteed the Plaintiff’s obligation pursuant to the instant credit transaction agreement. (2) On March 12, 2013, the Plaintiff entered into the instant credit guarantee insurance contract with Defendant A, a partner of the Defendant A, with Dong Treatment Electronic Co., Ltd. (hereinafter “Dong Treatment Electronic Co., Ltd.”). Around March 29, 2013, the insured was changed from “Dong Treatment Electronic Co., Ltd.” to “Dong Treatment Electronic Co., Ltd.” (hereinafter referred to as “Dong Treatment Electronic Co., Ltd.”), without distinguishing the insurance proceeds before and after the mutual change, and without distinguishing the insurance proceeds from March 12, 2013 to the day of full payment, Defendant B guaranteed the insurance proceeds from March 13 to 314, 2014.

3) The rate of damages for delay determined by the Plaintiff pursuant to the instant Limit Transaction Agreement is 6% per annum from April 18, 2014 to May 17, 2014, and 9% per annum from the next day to the next day. B. The Defendant B created a right to collateral security shall be 2,202 square meters per annum per annum (hereinafter referred to as “the amount of damages for delay”) owned by the Defendant C on March 12, 2014.

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