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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. B Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Modern Marine Insurance Co., Ltd.”) for insurance solicitation fees. According to the above contract, the Nonparty Company received fees from Hyundai Marine Insurance when soliciting insurance products as a modern marine insurance agency. However, if the insurance contract solicited by the Nonparty Company is terminated, cancelled, or invalidated within a given period, the Nonparty Company was to return the fees received in advance to Hyundai Sea in accordance with the fee payment provision.
B. Around August 20, 2012, the non-party company entered into a guarantee insurance contract (hereinafter “instant insurance contract”) with the Plaintiff: (i) Hyundai Sea; (ii) the purchase amount of insurance KRW 40 million; (iii) the insurance period from August 20, 2012 to September 19, 2014; and (iv) the performance guarantee contract with the non-party company’s Hyundai Sea as a guarantee for payment of fees (payment) for Hyundai Sea; and (v) on December 12, 2012, the purchase amount of insurance was changed to KRW 100 million (amount of increase).
(hereinafter “instant modified contract”). C.
Meanwhile, according to the insurance contract of this case, the non-party company paid the insurance proceeds to the insured (on its own side) due to the non-party company's failure to pay fees for modern sea (i.e., the non-party company's obligation guaranteed by the plaintiff). However, in the event of delay in the above repayment obligation, the non-party company paid the insurance proceeds by adding 6% per annum from the day following the date of payment of the insurance proceeds to the date of payment of the insurance proceeds until 30 days from the day following the day of payment of the insurance proceeds to the day of full payment, 9% per annum from the next day to the
(Article 3. D. of the instant insurance contract)
On July 24, 2013, modern sea has been refunded KRW 69,896,270 to the non-party company in total due to the termination, cancellation, and invalidation of the insurance contract solicited.