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(영문) 광주지방법원 2015.08.18 2015가단248
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 27,614,790 and KRW 27,047,89 among them, from January 3, 2015 to January 13, 2015.

Reasons

1. Facts of recognition;

A. The Defendant Incorporated Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) on September 27, 2013 between the Plaintiff and the Plaintiff to guarantee the payment of the purchase price of credit goods, in order to guarantee the payment of the purchase price of credit goods, the term of insurance was from September 10, 2013 to March 10, 2014.

B. According to the guarantee insurance contract of this case, if the defendant company's insurance accident occurred due to the failure to pay the price for the goods under the basic contract for the manufacturing consignment transaction with the plaintiff, which is the insured, and the plaintiff claims the insurance money to the plaintiff, the plaintiff should pay the price for the goods on behalf of the plaintiff within the insurance coverage amount. The defendant company shall immediately pay the insurance money paid by the plaintiff on behalf of the plaintiff, but if it is delayed, it shall pay the insurance money on behalf of the plaintiff within the maximum interest rate among the general loan interest rate in commercial banks from the day after the payment date of the insurance money to the day of full payment, the delay interest rate determined by the plaintiff (15% per annum) shall be added to the delay interest rate determined by the plaintiff within the maximum interest rate. The defendant

C. Meanwhile, on September 10, 2014, the Defendant Company entered into a basic contract for manufacturing consignment transaction with FFFFF and submitted the surety insurance policy under the instant guarantee insurance contract to FFFF, which was supplied by FFF, but did not pay for the goods equivalent to KRW 56,949,874.

In accordance with the instant guarantee insurance contract on August 6, 2014, No. 56,949,874 won was claimed to the Plaintiff on August 6, 2014, and the Plaintiff filed a claim with the Plaintiff for insurance money equivalent to KRW 56,949,874, and the Plaintiff filed a claim with the Agricultural Cooperative on October 1, 2014.

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