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(영문) 서울중앙지방법원 2020.11.13 2018가합525403
구상금
Text

1. Defendant A and B Co., Ltd. jointly and severally against the Plaintiff KRW 710,716,020 and KRW 706,103,320 among them.

Reasons

1. Indication of claim;

A. On October 23, 2014, the Plaintiff entered into an import insurance agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on which Defendant A acquired U.S. dollars 660,000 and November 21, 2016 as of the date of issuance of an insurance policy, to guarantee the obligation of loans that Defendant A would incur by obtaining a loan from a bank.

(hereinafter “instant payment guarantee agreement”). On November 21, 2016, pursuant to the instant payment guarantee agreement, the Plaintiff issued an import insurance policy with the term from November 21, 2016 to November 21, 2017, with the acquisition of USD 660,000 to C Bank, the maximum period of loan implementation within 180 days, and the term of validity of the insurance policy from November 21, 2016 to November 21, 2017.

B. According to the instant payment guarantee agreement, where the Plaintiff paid insurance money to a financial institution, the Defendant A agreed to pay the Plaintiff the insurance money and the reasonable expenses incurred in the preservation, performance, and exercise of the rights acquired by the Plaintiff due to the payment of the insurance money, and the above amount shall be paid in addition to the overdue interest rate (10% per annum) determined by the Plaintiff from the day following the payment

On the other hand, Defendant A guaranteed the indemnity obligation that Defendant A bears to the Plaintiff in accordance with the instant payment guarantee agreement.

C. Under the instant payment guarantee agreement, Defendant A borrowed 660,000 US dollars from C Bank four times from June 7, 2017 to August 3, 2017.

On November 27, 2017, Defendant A lost the benefit of time due to the payment on behalf of the C Bank. Accordingly, the Plaintiff subrogated for KRW 706,103,320 in total to C Bank in accordance with the instant payment guarantee agreement on February 9, 2018.

The Plaintiff spent 4,612,700 won to preserve the claim for reimbursement.

Therefore, Defendant A and Defendant B jointly and severally agreed to the Plaintiff KRW 710,716,020 (the payment by subrogation is KRW 706,103,320) and the payment by subrogation is KRW 4,612,700 and the amount by subrogation is KRW 706,103.

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