logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2018.04.17 2017가단34447
구상금
Text

1. As to the Plaintiff, Defendant A’s KRW 30,00,000 and its annual rate of KRW 6% from May 23, 2017 to June 21, 2017, and the following:

Reasons

Basic Facts

A. On May 30, 2016, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) with Defendant A to the effect that if the Plaintiff is liable to compensate the insured in breach of the obligations under an agency contract entered into with the insured, the Plaintiff would pay the insurance proceeds to the insured within the limit of the purchase amount of the insurance policy (hereinafter “instant insurance contract”).

B. The instant insurance contract provides that, where the Plaintiff pays insurance money to the insured, the policyholder shall immediately reimburse the insurance money to the insured, and the delayed payment damages shall be calculated according to the ratio set by the Plaintiff within the maximum interest rate among the interest rates on delayed loans of financial institutions under the Banking Act from the day following the payment date of the insurance money to the day of full payment. The ratio set by the Plaintiff within the said limit is 6% per annum for 30 days from the day following the payment date of the insurance money, 9% per annum for 60 days from the following day, and 12% per annum for 60 days from the

C. On April 14, 2017, Eschisan filed a claim with the Plaintiff for the payment of insurance proceeds on the ground that an insurance accident occurred on March 16, 2017 due to the Plaintiff’s delayed payment of the sales proceeds and delayed payment of the sales proceeds, resulting in shortage of inventory quantities, and breached obligations under an agency contract. On May 22, 2017, the Plaintiff paid KRW 30,000,000 insurance proceeds to Eschisan.

Defendant A owned each of the instant real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”). On October 19, 2016, Defendant A completed the registration of ownership transfer for the instant real estate based on sale and purchase on the same day.

[Reasons for Recognition] There is no dispute;

arrow